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OEDIiNTA-jSTCES 


OF  THE 


-^^ 


">•■  li 


WHICH    CONVENED 


IN   LITTLE   ROCK 


MAY  6.  1861 


LITTLE  UOGK : 

JOHNSON    &    YERKES,    STATE    PRINTEKS, 

18G1. 


Tr.-K 


AN   ORDINANCE 

To  dissolve  the  union  7iOw  existing  between  the  Slate  of  Arkansas 
and  the  other  states  jinited  with  her  under  the  compact  entitled 
"  The  constituliou  of  the  United  States  of  America.''^ 

Whereas,  In  addition  to  the  well  founded  causes  of  com- 
plaint set  forth  by  this  convention,  in  reselutions  ^.dopted  on 
the  11th  March,  A.  D.  1861,  against  the  sectional  party  now  iii 
power  at  Washington  City,  headed  by  Abraham  Lincoln,  he 
has,  in  the  face  of  resolutions  passed  by  this  convention,  pledging 
the  State  of  Arkansas  to  resist  to  the  la^t  extremity  any 
attempt  on  the  part  of  such  power  to  coerce  any  state  that  had 
seceded  from  the  old  Union,  proclaimed  to  the  world  that  war 
should  be  waged  against  such  states,  until  they  should  be  com- 
pelled to  submit  to  their  rule,  and  large  forces  lo  accomplish 
this,  have  by  this  same  power  been  called  out,  and  are  now 
being  marshalled  to  carry  out  this  inhuman  design,  and  to 
longer  submit  to  such  rule  or  remain  in  the  old  Union  of  the 
United  States,  would  be  disgraceful  and  ruinous  to  the  State 
of  Arkansas. 

Therefore,  we  the  people  of  the  State  of  Arkansas,  in  con- 
vention assembled,  do  hereby  declare  and  ordain,  and  it  U 
hereby  declared  and  ordained,  that  the  "  ordinance  and  accept- 
ance of  compact,"  passed  and  approved  by  "the  General  Assem- 
bly of  the  State  of  Arkansas,  on  the  18th  day  of  October,  A. 
D.,  183G,  whereby  it  was  by  said  General  Assembly  ordained 
that,  by  virtue  of  the  authority  vested  in  said  General  Assembly, 
by  the  provisions  of  the  ordinance  adopted  by  the  converition 
of  delegates  assembled  at  Little  Rock,  for  the  purpose  of  form- 
ing a  constttution   and  system  of  government  for  said  state, 


ORDINANCES    OF 


the  propositions  set  forth  in  "  an  act  stjpplementary  to  an  act 
entitled  an  act  for  the  admission  of  the  State  of  Arka'^sas  into 
the  Union,  and  to  provide  lor  the  due  execution  of  the  laws  of 
the  United  States  within  the  same,  and  for  other  purposes, 
were  freel}^  accepted,  ratified  and  irrevocably  confirmed  articles 
of  compact  and  union  between  the  State  of  Arkansas  and  the 
United  States,"  and  all  other  laws  and  every  other  law  and 
ordinance,  whereby  the  State  of  Arkansas  became  a  member 
of  the  Federal  Union,  be,  and  the  same  are  hereby  in  all 
respects  and  for  every  purpose  herewith  consistent,  repealed, 
abrogated  and  fully  set  aside;  and  the  union  now  subsisting 
between  the  State  of  Arkansas  and  the  other  states,  under  the 
name  of  the  United  States  of  America,  is  hereby  forever  dis- 
solved. 

And  we  do  further  hereby  declare  and  ordain,  that  the  State 
of  Arkansas  hereby  resumes  to  herself  all  rights  and  powers 
heretofore  delegated  to  the  government  of  the  United  Stales 
of  America — that  her  citizens  are  absolved  from  all  allegiance 
to  said  government  of  the  United  States,  and  that  she  is  in  full 
possession  and  exercise  of  all  the  rights  and  sovereignty  which 
appertain  to  a  free  and  independent  state. 

We  do  further  ordain  and  declare,  that  all  rights  acquired 
a«ud  vested  under  the  constitution  of  the  United  States  of 
America,  or  of  any  act  or  acts  of  Congress,  or  treaty,  or  under 
any  law  of  this  state,  and  not  incompatible  with  this  ordinance, 
shall  remain  in  full  force  and  e fleet, -in  no  wise  altered  or 
impaired,  and  have  the  same  effect  as  if  this  ordinance  had 
not  been  passed. 

David  Walkkr,  President  of  the  convention  and  delegate 
from  the  county  of  Washington. 

James  L.  Totten,  Arkansas  county. 

Marcus  L.  Hawkins,  Ashley  county. 

A.  W.  DiNSMORE,  Benton  county. 

J.  Gould,  Bradley  county. 

PniL.  H.  Echols,  Calhoun  county. 

W.  W.  Watkins,  Carroll  county. 

Burr  H.  Hobbs,  Carroll  county. 

I.  H.  HiLLiARD,  Chicot  county. 


TEE    CONVENTION.  5 


H.  Flanagin,  Clark  count3^ 

J.  C.  Wallace,  Columbia  county. 

George  P.  Smoote,  Columbia  county. 

S.  J.  Stallings,  Conway  county. 

Jesse  Turner,  Crawford  county. 

H.  F.  TnoMASON,  Crawford  county. 

Tiios.  II.  Bradley,  Crittenden  county. 

RonERT  T.  Fuller,  Dallas  county. 

J.  P.  Johnson,  Desha  county. 

J.  A.  Rhodes,  Drew  county. 

W.  F.  Slemons,  Drew  county. 

W.  W.  Mansfield,  Franklin  county. 

S.  W.  Cochran,  Fulton  county. 

James  W.  Bush,  Greene  county. 

R.  K..  Garland,  Hempstead  county. 

A.  H.  Carrigan,  Hempstead  county. 

Joseph  Jester,  Hot  Spring  county. 

F.  W.  Desha,  Independence  county. 

Urban  E.  Fort,  Independence  county. 

M.  Shelby  Kennard,  Independence  county. 

Alex.  Adams,  Izard  county. 

J.  H.  Patterson,  Jackson  county. 

Jas.  Yell,  Jefferson  county. 

W.  P.  Grace,  Jefferson  county. 

Wm.  W.  Floyd,  Johnson  county. 

Felix  I.  Batson,  Johnson  county. 

Wiley  P.  Cryer,  Lafayette  county. 

Samuel  Robtnson,  Lawrence  counf5\ 

Milton  D.  Baker,  Lawrence  county. 

II.  II.  BoLiNGER,  Madison  county. 

Thos.  F.  Austin,  Marion  county. 

Felix  R.  Lanier,  Mississippi  county. 

Wm.  M.  Mayo,  Monroe  county. 

Alexander  M.  Clingman,  JMontgomery  county. 

Isaiah  Dodson,  Newton  county. 

A.  W.  IIoBsoN,  Ouachita  county. 

L.  D.  Hill,  IVrry  county. 


383503 


6  ORDINANCES    OF 


Thomas  B.  IIaxly,  Phillips  eounty. 
Chas.  W.  Adams,  Phillips  county. 
Samuek  Keli-ey,  Pike  county, 
Archibald  Ray,  Polk  county. 
William  Stout,  Pope  county. 
Benjamin  C.  Totten,  Prairie  county. 
J.  Still\vell,  Pulaski  county. 
A.  H.  Garland,  Pulaski  county. 
James  W.  Crenshaw,  Randolph  county. 
J.  M.  Smith,  Saline  county. 
E.  T.  Walker,  Scott  county. 
Saml.  L.  Griffith,  Sebastian  county. 
W.  M.  FisHBACK,  Sebastian  coontj'. 
Benj.  F.  Hawkins,  Sevier  county. 
Jas.  S.  Dollarhide,  Sevier  county. 
J.  N.  Shelton,  St.  Francis  county. 
G.  W.  Laughinghouse,  St.  Francis  county. 
H.  BussEY,  Union  eounty. 
Wm.  V.  Tatum;  Union  county.- 
J.  Henry  Patterson,  Van  Buren  county. 
John  P.  A.  Parks,  Washington  county. 
T.  M.  GuNTER,  Washington  county. 
James  H.  Stirman,  Washington  county. 
Jesse  N.  Cypert,  White  county. 
W.  H.  Spivey,  Yell  county. 

Adopted  and  passed  in  open  convention,  on  the  sixth  day  of 
May,  Anno  Domini,  18G1. 
Attest: 

Euas  C.  BouDiNOT,  Secretary 

of  (he  A7-ka7isas  Stale  Convention. 


THE    CONVENTION. 


AN  ORDINANCE  providing  for  the  sig7iing  of  the  ordinance 
passed  on  i/esicrday,  dissolving  the  political  connection  thereto- 
fore existing  between  the  Stai'e  of  Arkaiisas  and  the  govtrn- 
intnt  known  as  "  The   United  States  of  AmcricaS'' 

We,  the  people  of  the  State  of  Arkansas,  now  in  convention 
assembled,  do  hereby  ordain,  and  it  is  hereby  ordained,  that 
the  ordinance  adopted  by  this  c6nvention  on  yesterday,  dissolv- 
ing the  political  connection  theretofore  existing  between  the 
State  of  Arkansas  and  the  government  known  as  the  "  United 
States  of  America,"  be  signed  by  the  president  and  attested  by 
the  secretary  of  this  convention,  and  be  also  signed  by  the 
individual  members  of  this  convention,  and  that  in  signing  the 
same,  ihere  shall  be  a  call  of  the  counties  of  the  state  in 
alphabetical  order,  and  the  delegates  of  each  county  shall  sign 
the  same  as  their  respective  counties  shall  be  called  by  the 
secretary. 

Adopted  and  passed  in  open  convention,  May  7th,  A.  D., 
1861. 

DAVID  WALKER,  President 

of  the  Arkansas  State  Convention. 
Attest: 

Elias  C.  Boudinot,  Secret anj 

of  tlie   Convention. 


AN  ORDINANCE  to  appropriate  money  to  advance  to  volunteers 
for  the  use  of  the  Confederate  Troops. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  Con- 
vention assembled,  That  ten  thousand  dollars  be  appropriated, 
out  of  any  money  in  the  treasury  unappropriated,  to  be  paid 
to  the  colonel  of  the  regiment  of  volunteers  now  being  organ- 
ized in  the  State  of  Arkansas  for  the  Confederate  States,  and  to 


8  ORDINANCES    OF 

be  by  him  advanced  to  said  volunteers  iii  sums  of  twelve  dol- 
lar3  to  each  private  and  non-commissioned  officer. 

Be  it  furl/tcr  ordained,  That  said  sum  shall  be  advanced  as 
a  loan,  and  be  repaid  by  said  volunteers  out  of  the  first  pay- 
ment made  to  said  volunteers  by  the  Confederate  States,  and 
the  colonel  of  said  regiment  is  hereby  made  an  agent  to  collect 
and  transmit  the  same  to  the  treasurer  of  this  state. 

Be  it  further  ordained,  That  upon  the  receipt  of  said  sum  of 
money  by  the'  colonel  of  said  regiment,  he  shall  execute  a 
receipt,  acknowledging  the  same  and  engaging  to  use  all 
reasonable  exertions  to  collect  from  said  volunteers  the  said 
.sum  of  money  and  pay  it  into  the  state  treasury. 

Be  it  further  ordained,  That  the  said  colonel  shall  take 
receipts  from  said  troops  for  said  sums  advanced,  promising  to 
refund  the  same  out  of  the  firrt  payments  as  aforesaid. 

Adopted  in  and  by  the  convention  on  the  8th  day  of  May, 
A.  D.,  18G1. 

DAVID  WALKER,  President 

of  the  Arkansas  State   Convention. 

Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Convention. 


A  RESOLUTION  in  (reference  to   money   in   the  hands  of  the 
superintend eni  of  hidian  affairs  and  Indian  agents. 

Resolved,  That  no  money  or  property  of  any  kind  whatever, 
now  in  the  hands  of  the  superintendent  of  Indian  affairs,  or 
of  any  Indian  agent,  being  placed  there  or  designed  for  the 
Indians  on  the  western  frontier  of  Arkansas,  shall  be  seized, 
but  that  the  same  shall  so  remain  to  be  applied  for  and  to  the 
use  of  the  several  Indian  Nations,  faithfully,  as  was  designed 


THE    CONVENTION.  9 


when  so  placed  in  their  hands  for  disbursement;  and  the  people 
of  the  State  of  Arkansas,  here  in  sovereign  convention  assem- 
bled, do  hereby  pledge  the  sovereignty  of  the  State  of  Arkan- 
sas, that  everything  in  their  power  shall  be  done  to  compel  a 
faithful  application  of  all  money  and  property  now  in  the 
hands  of  persons  or  agents  designed  and  intended  for  the  sev- 
eral Indian  tribes  west  of  Arkansas. 

Adopted  in  and  by  the  convention,  May  9th,  1861. 
DAVID  WALKER,  President 

of  Hie  Arkansas  State  Convention. 
Attest: 

Ei.tAS  C.  BouDiNOT,  Secretary 

of  the  Convention. 


,  -4^^/>-»*^^* 


AN  ORDINANCE  to  authorize  Vte  governor  to  cominission  certain 
military  officers,  and  for  other  jmrposts. 

Be  it  ordained  by  the  people  nf  the  Stale  of  Arkansas  in  Conven- 
tion assembled,  That  the  governor  of  the  State  of  Arkansas  ie 
hereby  authorized  to  commission  all  the  officers  elected  for  the 
volunteer  regiment  No.  1,  without  regard  to  any  law  of  the 
State  of  Arkansas  concerning  elections,  upon  the  presentation 
to  him  of  the  names  of  said  officers  and  their  grades  of  office, 
and  so  soon  as  they  are  commissioned,  he  will  tender  said  regi- 
ment to  the  president  of  the  Confederate  States,  to  be  employed 
under  his  command  as  a  regiment  of  the  Confederate  States. 
Adopted  in  and  by  the  convention,  May  9th,  1801. 
DAVID  WALKER,  President 

of  the  Arkansas  State   Convcnlion. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Convention. 


10  ORDINANCES    OF 


A  RESOLUTION  for  the  election  and  commission  of  njfictrs  for 
the  ifiililanj  com-panits  now  at  Hsptficld. 

Be  it  resolved  by  the  people  of  Arkansas  in  convention  assembled, 
That  the  officers  and  private  soldiers  of  the  several  volunteer 
companies  now  at  or  near  Hopefield,  in  the  service  of  the 
state,  shall  be,  and  they  are  kercby  authorized  to  form  them- 
selves into  a  regiment,  to  be  called  the  second  regiment  of 
Arkansas  volunteers,  and  to  elect  therefor,  one  colonel,  one 
lieutcnant-cclonel,  and  one  major,  which  election  shall  beheld 
by  such  persons  as  the  captains  of  companies  shall  select,  and 
^^hall  be  certified  to  the  governor,  who  shall  immediately  issue 
commissions  to  the  officers  elected,  as  well  as  to  the  various 
officers  of  the  line  of  such  regiment. 

And  the  colonel  of  such  regiment  shall  appoint  his  own 
staff-officers,  including  one  surgeon  and  an  assistant  surgeon. 

Adopted  and  passed  by  and  in  the  convention.  May  9th, 
ISGl. 

DAVJD  WALKER,  President 

of  the  Arkansas  State  Convention. 

Attest: 

Eli  AS  C.  Boudinot,  Secretary 

of  the  Convention. 


AN  ORDINANCE  to  adopt  the   Provisional  Constitution  of  the 
Confederate  States  of  America. 

Section  1.  Be  it  ordaincdhythe  people  of  Arkansas  in  Conven- 
tion assembled.  That  the  Constitution  of  the  Confederate  States 
of  America,  made  and  adopted  at  Montgomery,  in  the  State  of 
Alabama,  by  the   deputies  of  the  States  of  South  Carolina, 
Georgia,  Florida,   Alabama,   Mississippi    and  Louisiana,    and 


THE    CONVENTION.  11 

afterwards  adopted  by  the  people  of  the  State  of  Texas,  for  the 
provisional  government  of  the  states  adopting  the  same,  and 
all  ordinances,  laws  passed,  and  acts  done,  not  locally  inappli' 
cable,  in  pursuance  thereof,  shall  be,  and  the  same  are  hereby 
ratified  and  adopted  by  the  people  of  Arkansas,  and  declared 
to  be  in  full  force  and  effect  within  this  state. 

Sec.  2.  Be  it  furlhcr  ordained,  That  five  delegates,  to  be 
elected  by  this  convention,  shall  be,  and  they  are  hereby  con- 
stituted and  appointed  -the  deputies  of  Arkansas,  to  the  Provi- 
sional Congress  of  the  Confederate  States  of  America,  with  all 
the  powers  and  authority  vested  in  the  deputies  of  other  states 
in  said  Congress. 

Sec.  3.' Be  it  fui-ther  ordained,  That  it  shall  be  the  duty  of 
the  secretary  of  this  convention,  to  furnish  said  deputies  with 
a  copy  of  the  ordinance  passed  on  the  6th  day  of  May,  A.  D. 
18G1,  by  this  convention,  dissolving  th^  political  connection 
between  the  State  of  Arkansas  and  the  government  of  the 
United  States  of  America,  and  also  a  copy  of  this  ordinance, 
which  said  copies  shall  be  signed  by  the  president,  and  attested 
by  the  secretary  of  this  convention. 

Sec.  4.  Be  it  further  ordained,  That  this  ordinance  take  effect 
and  be  in  force  within  the  limits,  and  over  the  State  of  Arkan- 
sas, as  soon  as  the  Congress  of  the  Confederate  States  of  Ame- 
'rica  shall  admit  this  state  into  the  confederacy  thereof,  upon 
terms  of  equality  with  the  other  states  thereof. 

Adopted,  and  passed  in  the  convention,  May  10th,  A.D.  18G1. 
DAVID  WALKER,  President 

of  the  Arkansas  State  Convention. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Convention. 


12  .  OIlDIKA^XES    OF 

AN  ORDINANCE  to  author'nc  the  Icrj/  of  a  tax  for  inilitary  and 

other  purposes. 

Be  it  ordained  by  the  people  of  the  Slate  of  Arkansas  in  Conven- 
tion assembled,  That  the  county  court  of  any  county  in  this 
state,  may  levy  and  collect  a  tax  on  all  the  objects  of  taxation 
for  state  purposes,  for  a  military  defence,  and  such  other  pur- 
poses as  they  may  deem  necessary,  for  the  protection  of  their 
respective  counties;  Provided,  That  said  tax,  so  assessed,  shall 
not,  in  any  one  year,  exceed  one-fourth  of  one  per  centum  on 
the  assessed  value  of  said  property,  and  that  such  courts  may 
appropriate  the  internal  improvement  fund,  and  all  other  funds 
of  their  respective  counties,  except  school  funds,  for  the  pur- 
poses aforesaid. 

Be  it  furllter  ordained,  That  when  any  county  court  shall 
deem  it  expedient  to  levy  any  tax,  or  appropriate  any  county 
fund  for  the  purposes  aforesaid,  it  shall  be  the  duty  of  such 
county  court,  or  the  judge  thereof,  to  direct  the  sheriff  to  notify 
each  justice,  in  writing,  by  personal  service,  or  by  leaving  a 
copy  of  such  notice  at  the  usual  place  of  abode  of  such  justice, 
that  such  tax  will  be  levied,  and  appropriation  made  at  the 
next  term  of  said  court,  and  if  such  justices  do  not  attend,  then 
the  justices  that  do  attend,  may,  by  a  vote  of  the  majority,  levy 
such  tax,  and  make  such  appropriations,  as  aforesaid. 

JJc  it  further  ordained,  That  this  ordinance  be  subject  to 
repeal,  cither  in  whole,  or  in  part,  by  legislative  enactment. 

Adopted  in,  and  by  the  convention,  May  11th,  1861. 
DAVID  WALKER,  President 

of  the  State   Convention  of  Arkansas. 
Attest: 

Eli  AS  C.  BouDiNOT,  Secretary 

of  the  Arkansas  State  Convcnlion. 


THE    CONVENTION.  '       13 

Resolved,  That  the  writ  of  habeas  corpus  be  suspended,  as 
far  as  regards  convicts  in  the  penitentiary  of  this  state,  and  all 
other  prisoners  confined  under  the  laws  of  the  United  States? 
until  this  convention  shall  otherwise  direct,  and  that  the  keeper 
of  the  penitentiary,  and  also  all  other  keepers  of  prisons  in  this 
state,  are  hereby  ordered  to  retain  such  of  the  convicts  and 
prisoneris  as  yet  have  unexpired  time  to  serve,  until  this  con- 
vention shall  order  otherwise,  or  their  times  expire. 

Resolved,  That  this  suspension  of  the  writ  of  habeas  corpus 
is  intended  only  to  apply  to  those  convicts  confined  m  the  peni- 
tentiary, and  other  persons  held  in  custody  by  authority  of  the 
United  States. 

Adopted  in,  and  by  the  convention,  May  13th,  A.  D.,  ISGl. 
DAA'ID  WALKER,  President 

of  the  Slate  Convention  of  Arkansas. 
Attest: 

Elias  C    BouDixoT,  Secrcfar)/  of 

the  Arkansas  State  Coni^cntion. 


AN  ORDINANCE  appropriating  the  domain,  public  lands  and 
other  propertTj  which  belonged  to  the  government  of  the  United 
States  in  this  state,  on  the  sixth  dnij  of  May,  A.  D.,  ISCl,  and 
for  other  purposes. 

1.  Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in 
convention  assembled,  That  the  domain,  public  lands  and  other 
pj'operty  which  belonged  to,  and  vested  in  the  government  of 
the  United  States,  situate  in  this  state,  on  the  sixth  day  of  May, 
A.  D.,  18G1,  be,  and  the  same  are  hcrftby  appropriated  to  the 
State  of  Arkansas,  as  the  donsain,  public  lands  and  property  of 
said  state,  to  be  hereafter  disposed  of,  applied  and  appropriated 
as  the  other  domain,  public  lands  and  property  of  this  state, 


14         ^  OKDINANCES    OF 

hereby  declaring  that  all  the  right,  title  and  claim  which  here- 
tofore vested  in  the  said  government  of  the  United  States  ot', 
in  and  to  8aid  domain,  public  lands  and  other  property  now 
vest  in,  and  belong  to  the  State  of  Arkansas,  subject  to  be 
disposed  of  as  may  be  hereafter  provided  by  this  convention  or 
the  General  Assembly  of  this  state;  saving,  however,  those  who 
may  have  acquired  any  rights  under  the  laws  heretofore  exist- 
ing, all  such  rights. 

'2.  J)C  it  further  ordained,  That  the  deputies  or  delegates 
who  have  heretofore  been  elected  by  this  convention  to  the 
Provisional  Congress  of  the  Confederate  States  of  America,  be, 
and  ihcy  are  hereby  instructed  and  commissioned,  and  for  that 
purpose  they  are  hereby  clothed  with  full  power  and  authority, 
to  cede,  convey  or  transfer  to  the  government  of  the  Confeder- 
ate States  of  America,  the  following  grounds,  lands  and  pro- 
perty, situate  in  the  State  of  Arkansas,  for  the  use  and  benetit 
of  said  Confederate  States  of  Am.erica,  that  is  to  say:  twenty 
acres,  including  the  buildings  of  the  grounds  and  lands  attached 
and  belonging  to  the  fort,  known  as  Fort  Smith,  in  Sebastian 
county,  and  all  the  houses,  buildings  and  appurtenances  thereon 
situate;  also,  the  grounds  and  lands  attached  and  belonging  to 
the  arsenal,  situate  in  the  city  .of  Little  Rock,  and  all  the  houses, 
})uilding3  and  appurtenances  thereon  situate;  and,  also,  the 
grounds  and  lands  attached  and  belong  to  the  hospital  in  the 
city  of  Napoleon,  in  Desha  county,  and  all  the  houses,  build- 
ings and  appurtenances  thereon  situate;  Provided,  hovxvcr, 
That  said  Ibrt,  arsenal  and  hospital  shall  be  considered  neces- 
sary or  useful  for  national  purposes;  And  jyrovided  also,  That 
sai  i  government  of  the  Confederate  States  of  America,  shall 
receive  and  admit  this  state  into  the  government  of  the  Con- 
fcda-ate  States  upon  the  same  terms  that  all  the  other  states 
have  been  received  into  said  Confederacy,  and  with  all  the 
powers,  privileges  and  immunities  belonging  and  pertaining  to 
the  same  and  each  of  them;  And  provided  also,  That  the  said 
fort,  arsenal  and  hospital  shall  be  continued  to  be  used  for 
public  purposes  and  national  objects;  And  provided  also,  That 
the  said    government  of  the    Confederate  States   of  America 


THE    CONVENTION.  15 


shall  forever  and  at  all  times  receive  into  the  said  arsenal  and 
safely  keep  any  and  all  state  arms  which  may  be  there  deposited, 
free  of  cost  and  expense  to  this  state,  and  shall  also  receive 
and  store  into  the  magazine  attached  to  said  arsenal,  any  and 
all  powder  or  munitions  of  war  tendered  for  that  purpose  by 
this  state,  without  cost  or  expense. 

3.  Be  it  further  ordained,  That  the  deputies  or  delegates 
afwesaid  be,  and  they  are  hereby  limited  and  restricted  in  their 
powers  as  such  deputies  or  delegates,  as  far  as  may  pertain  to 
their  power  of  cession  in  the  name  of  this  state,  to  the  power 
of  making  cession  of  the  above  and  beforeherein  described 
grounds,  lands  and  property,  and  none  other  whatever,  and 
the  power  hereby  conferred  upon  said  deputies  or  delegates,  is 
confided  to  them  to  be  exercised  or  not,  in  their  discretion. 

4.  Be  it  further  ordained,  That  if  the  deputies  or  delegates 
aforesaid  shall  think  it  expedient  or  proper  to  cede  to  the  gov- 
ernment of  the  Confederate  States  of  America,  the  grounds, 
lands  and  property''  aforesaid,  and  the  same  are  accepted  by 
the  said  Confederate  States,  then  and  in  that  event,  the  said 
government  of  the  Confederate  States  of  America  shall  exer- 
cise the  same  jurisdiction  over  the  said  grounds,  lands  and  pro- 
perty so  to  be  ceded,  that  the  government  of  the  United  States 
of  America  had  exercised  and  held  over  the  same  under  the 
acts  of  Congress  of  the  United  States,  and  those  of  the  General 
Assembly  of  this  state. 

Adopted  and  passed  in  and  by  the  convention,  on  the  eleventh 
day  of  May,  A.  D.,  18G1. 

DAVID  WALKER,  President 

of  the  Arkansas  State  Convention. 
Attest: 

Elias  C.  BouDixoT,  Secretary 

of  the  Convention. 


16  ORDINANCES    OP 


AN  ORDINANCE  for  raising  and  equipping  a  military  force  in 
the  nortli-u-cstcrn  and  norlh-castcrn  portions  of  the  state  for  the 
iiiiiiuiHaic  protection  of  those  frontiers. 

Whereas,  our  frontiers  are  threatened  with  immediate  inva- 
sion by  the  forces  of  the  United  States;  therefore, 

Jjc  it  ord'iincd  by  the  ptople  of  Arkmisas  now  in  Convention 
assembled,  That  there  shall  be  elected,  forthwith,  one  brigadier 
general  for  the  first  division  of  the  state,  and  that  there  shall 
also  be  elected,  one  brigadier  general  for  the  second  division  of 
the  state,  \vho  shall,  respectively,  rank  any  militia  officers  of 
said  divisions,  and  who  shall  constitute  two  of  such  officers  as 
may  be  elected  by  this  convention,  for  the  army  of  this  state, 
and  subject  to  any  military  board  that  may  be  hereafter  organ- 
ized, and  to  their  superior  oificers,  and  to  be  out-ranked  by  any 
general  officer  who  may  be  appointed  by  the  Confederate 
States,  and  the  president  of  this  convention  is  hereby  author- 
ized to  issue  commissions  to  said  officers  in  the  name  of  the 
State  of  Arkansas. 

Sec.  2.  Be  it  further  ordained,  That  such  brigadier  general 
for  the  first  division,  shall  proceed  to  organize,  as  speedily  and 
perfectly  as  possible,  the  volunteer  forces  of  the  western  por- 
tion of  our  state,  and  put  the  same  under  drill,  subject  to  be 
called  out  at  such  times  as  necessity  may  require,  and  all  mili- 
tary operations  on  the  western  frontier  are  hereby  made  sub- 
ject to  the  authority  of  said  officer,  until  a  permanent  £=!ystem  is 
adopted,  and  that  the  brigadier  general  for  the  second  division 
shall  proceed  to  organize  the  volunteer  forces  of  that  portion  of 
the  state  under  his  command,  and  put  the  same  under  drill  in 
like  manner,  and  have  the  same  control  of  militar}'  operations 
in  said  division. 

Sec.  3.  Be  it  further  ordained,  That  such  officers  shall  not 
muster  into  tlie  service  sfuch  military  forees  without  the  order  of 
i?uch  military  board,  as  may  hei'eafter  be  organized,  or  othe>r 
competent  authority,  except  i/i  case  of  actual  emergency,  in 
which  event  they  may  place,  on  active  service,  such  force  as 
they  may  deem  urgently  necessary,  and  report  the  same,  forth- 


THE    CONVENTION.  17 


with  to  the  military  board,  or  to  the  proper  officer,  with  a  state- 
ment of  the  facts  in  the  case,  and  the  number  and  kind  of 
troops  so  placed  in  active  service. 

Sec.  4.  Be  it  fur/her  ordained,  That  two  thousand  and  five 
hundred  stand  of  arms,  out  of  such  as  may  be  in  charge  of  the 
state  authorities,  to  be  selected  by  the  special  committee  of  this 
convention,  heretofore  appointed  to  examine  the  arms  in  the 
arsenal,  at  Little  Rock,  together  with  all  accoutrements,  muni- 
tions and  other  things  deemed  necessary  by  said  committee, 
and  also  one  complete  battery,  consisting  of  six  pieces  of  artil- 
lery, with  all  necessarj^  accompaniments,  be  immediately  placed 
at  the  command  of  the  brigadier  general  for  each  division,  for 
•the  earliest  possible  transportation  to  the  frontiers,  and  the 
governor,  or  officer  in  charge,  be,  and  he  is  hereby  required  to 
deliver  the  same,  taking  receipts  therefor,  and  that  the  proper 
commissary  officer  turn  over  to  said  brigadier  generals,  on  their 
requisition,  such  subsistence  stofes  as  may  be  necessary  for  the 
present  emergency,  out  of  any  supplies  now  on  hand  at  the 
arsenal,  or  elsewhere,  not  otherwise  appropriated,  taking 
receipts  therefor. 

Sec.  5.  Be  it  further  ordained,  That  the  sum  of  twenty  thou- 
sand dollars,  that  is  to  say,  ten  thousand  dollars  to  each  of  said 
divisions  be,  and  the  same  is  hereby  appropriated,  for  the  pur- 
pose of  defraying  all  necessary  expenses  of  such  military  ope- 
rations on  the  frontiers,  and  the  state  treasurer  is  hereby  ordered 
to  turn  over  such  money,  on  the  warrant  of  the  president  of 
this  convention,  to  such  brigadiers,  who  shall  make  faithful 
reports  of  all  expenditures,  with  vouchers  therefor,  to  the  mili- 
tary board  or  other  competent  authority. 

Adopted,  and  passed  by  the  convention.  May  13th,  18G1. 
DAVID  WALKER,  President 

of  the  Slate  Convention  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  Stale  Convention. 


18  ORDINANCES    OF 


AN  ORDINANCE  in  relation  to  the  records  of  tlie  late  district 
court  of  Iht  United  Slates  for  the  iccstcrn  district  of  Arkansas. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  conven- 
tion assemilcd,  That  the  records,  papers,  files,  and  everything 
pertaining  to  the  office  of  the  late  clerk  of  the  district  court  of 
the  United  States,  for  the  western  district  of  Arkansas,  lately 
seized  by  order  of  brigadier  general  Burrow,  be,  and  the  same 
are  hereby  ordered  to  be  delivered  into  the  care  and  custody  of 
John  B.  Ogden,  esquire,  late  clerk  of  said  district  court,  sub- 
ject 10  the  further  order  of  this  convention,  and  that  the  late 
clerk  of  the  district  court  for  the  eastern  district  of  Arkansas, 
retain  the  custody  of  the  books  and  papers  of  his  office,  subject 
in  like  manner. 

Adopted,  in  and  by  the  convention,  May  13th,  1861. 
DAVID  WALKER,  President 

of  th^  State  Convention  of  Arkansas, 
Attest: 

EuAS  C.  BouDixoT,  Secretary 

of  the  Arkansas  State  Convention. 


AN  ORDINANCE /or  the  relief  of  General  James    Yell. 

Gen.  Yell,  commander  at  Hopefield,  borrowed  from  General 
Thomas  II.  Bradley,  at  Memphis,  the  sum  of  five  thousand 
dollars  for  the  troops  of  Arkansas,  at  Hopefield,  and  said  sum 
was  placed  at  the  command  of  the  paymaster  of  said  troops, 
at  the  Planters'  Bank  in  Memphis;  therefore 

Be  it  ordained  by  the  people  of  the  Stale  of  Arkansas,  That 
Gen.  James  Yell  is  hereby  authorized  to  draw  his  draft  on  the 
auditor  for  five  thousand  dollars,  out  of  the  money  heretofore 
appropriated  by  ordinance  to  and  in*  favor  of  the  Brigadier 


THe   CONVENTION.  19 


General   of  the  second  division  of  Arkansas;  and  the  auditor 
iri  authorized  to  draw  upon  the  treasurer  for  said  amount. 
Adopted  in  and  by  the  convention,  May  13th,  18G1. 
DAVID  WALKER,  President 

of  the  Arkaiisas  Slate  Convention.   ^ 
Attest: 

,  Elias  C.  Boudinot,  Secretary 

of  the  Ai-kansas  State  Convention. 


RESOLUTIONS  in  relation  to  the  election  of  officers  by  volunteer 

companies. 

V^^hereas,  The  militia  of  the  county  of  Perry,  in  tKe  State 
of  Arkansas,  is  in  a  disorganized  condition,  by  having  at  present 
no  colonel;  therefore 

Resolved,  That  volunteer  companies  in  said  county  be,  and 
they  are  hereby  authorized  to  organize  by  electing  officers,  and 
■  the  governor  is  hereby  authorized  to  commission  the  same  in 
the  usual  way. 

Resolved,  That  the    provisions  of  the   foregoing  section    b« 

applied  to  the  county  of  Prairie,  and  such  other  couMties  as 

may  have  volunteers  who  may  choose  to  accept  its  provisions. 

Adopted  in  and  by  the  convention,  on  the   14th  day  of  Ma}». 

A.  D.,  1861. 

DAVID  WALKER,  President 

of  the  Arkansas  State  Convention. 
Attest: 

Emas  C.  Boudinot,  Secretary 

of  the  Convention. 


20  ORDINA^X'ES    OF 


AN  OIIDIXANCE  to  create  a  Military  Board  for  Hit  State  of 

Arkansas. 

Section  1.  Be  it  ordained  by  the  people  of  tht  Stale  of  Arkansas 
.in  convention  assembled,  That  by  this  ordinan-ce  there  shall  be 
created  an  executive  military  board,  to  consist  of  the  governor 
and  two  advisers,  citizens  of  this  state,  which  advisers  shall  be 
elected  by  this  convention,  whose  duty  it  shall  be  to  act  and 
consult  together  in  all  matters  appertaining  to  the  general- 
military  defence  of  the  state;  said  advisers  to  receive  the  sum 
of  five  dollars  per  day,  while  actually  employed  in  such  service. 
Sec.  2.  The  board  shall  employ  a  competent  secretary,' who 
shall  keep  a  true  and  perfect  record  of  its  proceedings,  and  the 
expenses  of  the  military  department  of  the  state,  and  the  sec- 
retary of  the  board  shall  keep  his  office  at  Little  Rock,  and 
shall  be  paid  such  compensation  as  the  military  board  shall 
allow  him,  and  order  the  same  to  be  paid  out  of  the  state  trea- 
sury; t?ie  meetings  of  said  board  shall  be  held  at  LitEle  Rock, 
unless  otherwise  specially  ordered. 

Sec.  3,  Said  military  board  shall  have  full  power  to  call  out 
the  militia  and  volunteer  forces  of  the  state  to  the  extent  neces- 
sary for  its  protection  and  security,  and  to  draw  orders  on  the 
auditor,  to  be  paid  by  the  treasurer,  out  of  such  moneys  as  may 
be  appropriated  for  military  purposes;  to  manage  and  control 
the  forts,  arms  and  munitions  of  war  belonging  to  or  in  posses- 
sion of  the  state,  either  by  oi-iginal  right  or  confiscation,  and 
any  and  all  property  belonging  now  or  hereafter,  to  the  niiilitary 
•department  of  this  government;  they  shall  have  power  to  put 
on  foot  such  military  expeditions  as  in  their  opinion  circum- 
stances and  necessity  may  require,  subject  to  the  provisions  of 
such  laws  or  ordinances  as  may  be  hereafter  passed  or  enacted 
by  this  convention,  or  the  General  Assembly  of  this  state;  and 
in  all  things,  take  charge  of,  and  be  responsible  for  the, safety 
and  protection  of  Arkansas,  until  such  time  as  ihe  authority  of 
the  Confederate  States  of  America  shall  be  extended  over  it; 
after  which,  it  shall  act  in  aid  of  and  auxiliav}'  to  said  Confed- 
erate authority. 


THE    CONVENTION.     •  21 

Sec.  4.  The  board  may  order  the  trial  of  general  officers  by 
courts-martial,  when  charges  of  a  character  warranting  it  shall 
be  preferred  against  them;  said  court  shall  consist  of  from  five 
to  nine  officers  of  the  highest  rank  that  can  be  assembled  f«r 
that  purpose,  without  manifest  injury  to  the  service;  the  court 
shall  keep  a  record  of  its  proceedings,  which  shall  be  laid  before 
the  board  for  final  action;  all  the  militia  officers,  whether  in 
service  or  not,  are  hereby  made  subordinate  to  this  board. 

Sec.  5.  The  board  shall  be  governed  in  all  things  by  the 
rules  and  articles  of  war  and  laws,  as  they  now  exist  in  the 
government  of.  the  Confederate  States  of  America,  and  the 
laws  of  the  State  of  Arkansas,  where  their  duties  are  not 
specified  in  this  ordinance;  but  any  thing  in  the  state  constitu- 
tion and  all  laws  of  this  state  inconsistent  and  in  conflict  with 
this  ordinance,  are  hereby  suspended  .during  the  operation  of 
this  ordinance. 

Sec.  G.  The  governor  or  either  of  such  advisers  ma^  call  a 
meeting  of  the  board,  and  two  of  the  members  of  such  board 
shall  constitute  a  quorum;  the  governor,  when  present,  shall  be 
the  presiding  officer  at  the  meetings  of  said  board,  and  in  all 
matters  by  this  ordinance  entrusted  to  them,  a  majority  of 
those  present  shall  rule,  and  in  case  of  a  vacancy  by  death, 
resignation  or  otherwise,  the  governor  and  remaining  adviser 
shall  take  to  their  assistance  the  auditor  of  this  state,  and  by  a 
majority  vote,  elect  a  successor. 

Sec.  7.  The  sum  of  two  millions  of  dollars  is  hereby  appro- 
priated for  military  purposes,  to  be  paid  by  the  treasurer  of  the 
state,  out  of  any  moneys  in  the  treasury,  or  any  moneys  that 
may  come  into  the  treasury  not  now  specially  appropriated  for 
other  purposes. 

Sec.  8.  The  two  advisers  in  the  military  board  herein  .pro- 
vided for,  after  their  election,  shall  be  commissioned  by  the 
president  of  this  convention;  and  said  advisers  are  hereby 
required  to  take  such  oath  of  office  as  this  convention  shall 
require  and  prescribe;  and  this  ordinance  shall  continue  in  full 
force  until  the  end  of  the  war  and  no  longer;  and  should  the 
war  continue  until  after  the  term  of  oflice  of  the  present  gov 


22  .    ORDINANCES    OF 


ernor  shall  rxpirc  by  constitutional  limitation,  then  and,  in  that 
event,  the  two  advisers  herein  provided  for,  shall  be  elected  by 
the  people  at  the  eamc  time  the  next  governor  shall  be  elected. 
Sec.  9.  Should  the  war  continue  beyond  the  constitutional 
term  of  oflice  of  the  present  governor,  and  it  shall  be  neces- 
sary to  continue  the  said  adviser.s  in  office,  and  election  is  made 
of  succe;;sors  of  advisers,  the  said  successors  shall  hold  their 
office  for  the  full  time  of  four  years,  and  until  their  successors 
are  elected  and  qualified,  as  hereinbefore  provided  for,  and  so 
on  at  every  four  years  thereafter,  until  the  war  is  concluded. 

Sj:c.   10.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Adopted  and  passed  in  and  by  the  convention,  on  tlic  15th 
day  of  May,  A.  D.,  1861. 

DAVID  WALKER,  President 

of  the  Arkansas  Stale  Cojjvejif.ion. 
Attes^ 

Elias  C.  Boudinot,  Secretary 

of  the  Corivcnlion. 


■g>  ■*  *  -^^t^^  »i*-gBn»M- 


^    AN  ORDINANCE  for  the  relief  of  Maj.  R.   C.  Gatlin,     . 

Whereas,  Major  R.  C.  Gatlin,  of  the  United  States  army, 
while  on  a  recent  visit  to  his  friends  at  Fort  Siiiith,  was  arrested 
and  made  a  prisoner  of  war  by  the  authoriti€s  of  the  State  of 
Arkansas,  and  released  on  parole;  and  ichercas,  Major  Gatlin 
is  represented  to  be  a  true  and  loyal  son  of  the  South,  ready 
and  anxious  to  resign  his  position  in  the  United  States  army, 
and  to  embark  in  the  service  of  the  Confederate  States  of 
America,  but  is  unable  to  do  so,  until  relieved  from  his  situa- 
tion as  a  prisoner  of  war; 


THE    CONVENTION.    .  23 

Be  it  therefore  ordained  by  the  people  of  the  Stale  of  Arkansas 
in  Convention  assembled,  That  the  said  Major  R.  C.  Gatlin  be, 
and  he  is  hereby  released  from  said  arrest  and  imprisonment^ 
and  absolved  from  all  the  liabilities  and  obligations  incident 
thereto,  and  restored  to  his  freedom  as  fully,  in  all  respects,  as 
if  said  arrest  had  never  been  made. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  17th 
•day  of  May,  A.  D.  18G1. 

DAVID  WALKER,  President  of  the 

Convention  of  the  Slate  of  Arkansas. 
Attest: 

Eli\s  C.  Boudinot,  Secretarxj 

of  the  Arkansas  State  Convention.  . 


AN  ORDINANCE  for  the  relief  of  John  D.  Adams. 

Be  it  ordained  by  the  people  of  the  Slate  of  Arkansas  in  Conven- 
tion assembled,  That  all  the  steamboats,  either  commanded  or 
owned,  in  whole  or  in  part,  by  John  D.  Adams,  a  citizen  of  the 
county  of  Pulaski,  in  the  State  of  Arkansas,  be,  and  the  same 
are  hereby  made  exempt  from  all  and  every  kind  of  seizure  or 
confiscation,  by  any  person  or  J)ersons  whatever,  and  that  said 
Adams  shall  not  be  nlolested  in  the  enjoyment  of  the  use  of  hia 
boats  by  any  person  or  authority  of  this  state. 

Adopted,  and  passed  in  and  by  the  convention,  May  18th,  A. 
D.  1861. 

DAVID  WALKER,  President  of  the 
Convention  of  the  State  of  Arkansas. 
Attest: 

Eli  AS  C.  Boudinot,  Secretary 

of  the  State  Convention  of  Arkansas. 


24  .  ORDINANCES    OP 


AN  ORDINANCE  concerning  sales  by  sherifs  or  constables  for 
the  collection  of  debts. 

Section  1.  JJc  it  ordained  hy  the  people  of  the  State  of  Arkansas 
in  Convention  assembled^  That  all  sales  by  sherifls  or  consta- 
bles, for  the  collection  of  debts,  are  hereby  suspended  until  the 
further  action  of  this  convention  in  relation  thereto. 

Sec.  2.  I^e  it  further  ordained,  That  all  bonds  for  the  deliverj* 
of  property,  levied  on  by  execution,  shall  be  returnaBle  in 
accordance  with,  and,  in  all  things,  be  subject  to  the  laws  now 
in  force. 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  shall  be 
published  in  the  Little  Rock  True  Democrat  and  the  Gazette, 
uud  take  effect  from  and  after  its  passage. 

Adopted,  and  passed  in  and  by  the  convention,  on  the.  20th 
day. of  May,  A.  D.  18G1. 

DAVID  WALKER,  President 

of  the  Slate  Convention  of  Arkansas. 
Attest: 

Elias  C.  Boudixot,  Secretary  of 

the  Arkansas  State  Convention. 


An  ordinance  for  the  organization  of  an  efficient  military 
corps  for  active  service,  and  for  the  election  of  certain  officei's. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkan- 
sas in  convention  assembled,  That  there  shall  be  established,  an 
efficient  military  corps  of  the  State  of  Arkansas,  for  war  and 
active  service,  which  "corps  shall  be  under  the  control  of  one 
major  general,  'and  the  two  brigadier  generals,  heretofore 
elected  by  this  convention;  the  said  major  general  to  be  elected 
by  this  convention,  and  commissioned  by  the  president  thereof, 


THE  .CONVENTION.  25 

who  shall  hold  their  offices  during  ^ood  behavior,  or  until  they 
are  found  incompetent.  The  major  general  shall  rank  above 
all  military  officers  of  the  state,  and  shall  have  po\vcr,  when 
Mecessaiy,  to  control  them,  and  even  to  bring  them  into  actual 
fl'ervice  of  the  state,  when  ordered  to  do  so  by  the  military 
board,  heretofore  created.  The  major  general  shall  have  for 
his  staff,  one  adjutant  general,  one  quartermaster  general,  one 
commissary  general,  one  judge  advocate;  one  surgeon  general, 
and  such  aids-de-camp,  during  actual  service,  as  he  may  see 
propel'  to  appoint,  all  of  whom  shall  r^nk  as  lieutenant  colonels 
of  cavalry;  Provided,  That  neither  the  major  general,  or  any 
member  of  his  staff  shall  receive  pay  unless  in  actual  service, 
by  order  of  the  military  board. 

Sec.  2.  The  state  shall  remain  dividcfl  as  it  is  now,  into  two 
divisions,  first  and  second.  The  brigadier  general^,  heretofore 
elected  for  each  of  said  divisions,  shall  have  command  of  said 
divisions,  under  the  direction  of  the  military  board  and  major 
general;  shall  rank  above,  and  have  control,  when  necessary, 
of  all  brigadier  generals  in  their  respective  divisions,  and  shall 
have  power  to  appoint  such  staff  as  the  major  general,  except 
that  each  shall  appoint  but  two  aids-de-camp,  who  shall  rank 
as  majors  of  cavalry.        • 

Sec.  3.  The  two  brigadier  generals  elected,  respectively,  for 
the  first  and  second  divisions  of  the  state  of  Arkansas,  under 
the  provisions  of  the  ordinance  adopted  May  13th,  A.  D.  18G1, 
heretofore  commissioned  as  such,  are  hereby  recognized  as  the 
brigadier  generals  provided  for  by  the  first  section  of  this  ordi- 
nance. 

Sec.  4.  Each  regiment  of  militia,  or  drafted  infantry,  called 
into  service,  shall  have  one  colonel,  one  lieutenant  colonel  and 
one  major.  The  colonel  shall  have  power  to  appoint  one  adju- 
tant, one  sergeant  major,  one  quartermaster,  one  commissary, 
one  surgeon,  and  one  drum  and  one  fife  major. 

Sec.  5.  The  colonels,  lieutenant  colonels  and  majors  shall  be 
elected  by  the  commissioned  officers  of  the  several  companies, 
at  such  time  and  place,  and  in  such  manner  as  the  military 
board,  major  general,  or  brigadier  general  of  the  respective 


26  ORDIXANCES-  OF 

division  phall  designate.  The  person  appointed  to  hold  said 
election  t^hall  certif}'  the  result  of  the  same  to  the  military 
board,  and  the  governor  shall  issue  commissions  to  the  oflicers 
cicdted. 

Sec.  G.  a  regiment  for  active  service,  shall  conshst  of  not  less 
than  si.\,  nor  more  than  ten  companies.  A  battalion  shall  con- 
sist of  not  less  than  three,  nor  more  than  five  companies.  Each 
volunteer,  or  drafted  compan}'  shall  consist  of  not  less  than 
sixfy-four,  and  not  more  than  ninety-six  men;  and  shall  have 
one  captain,  one  first,  one  second,  and  one  third  lieutenant^  said 
oflicers  shall  be  elected  by  the  privates,  &s  now  prescribed  by 
lav/.  The  captain  shall  appoint  such  number  of  non-commis- 
sioned olTicers  as  shall  be  necessary  to  the  company. 

Si:c.  7.  Each  volunteer  cavalry  regiment  shall  consist  of  the 
same  number  of  companies  and  officers  as  regiments  of  infan- 
try, and  the  provisions  of  sections  four,  five  and  six,  shall,  in  all 
things,  apply  to  regiments  of  cavalry. 

Sec.  8.  Each  artillery  regiment  shall  consist  of  the  same 
number  of  companies  as  a  regiment  ®f  infantry  or  cavalry. 
The  oflicers  shall  be  one  colonel,  (ine  lieutenant  colonel,  and 
one  major,  who  shall  be  elected  according  to  the  provisions  of 
section  five  of  this  ordinance.  Th<?  coljOnel  shall  be  chief  of 
engineers  and  artillery,  and  the  major  chief  of  ordnance.  The 
colonel  shall  have  like  staff  as  thecolonelof  infantry.  All  the 
aforesaid  officers  and  privates  shall,  when  engaged  in  actual 
service,  receive  the  same  pay  and  emoluments  as  officers  of  the 
same  rank  and  privates  receive  in  the  service  of  the  Confede- 
rate States  of  America. 

Si:c.  9.  The  major  general  shall  have  power  to  appoint  one 
chief  engineer  in  each  division,  with  the  jank  of  colonel  of 
infantry,  if  it  should  become  necessary. 

Seu.  10.  All  volunteers  now  in  service,  shall  be  deemed  as 
having  volunteered  for  one  year  from  the  day  they  entered  the 
service,  unless  sooner  discharged;  Provided,  nevertheless,  That 
such  volunteers  as  may  have  volunteered,  and  been  accepted 
into  service,  for  a  shorter  period  than  twelve  months,  shall  be 
entitled  to  a  discharge  at  the  end  of  the   time  for  which  they 


THE    CONVENTION.  27 


volunteered.  All  persons  to  be  hereafter  enlisted  or  drafted, 
shall  be  hereafter  enlisted  or  drafted  lor  a  period  to  be  hereai- 
ter  designated  by  the  military  board. 

Sec.  11.  In  case  it  shall  be  necessary  to  make  a  draft  from 
the  militia,  to  obtain  the  required  nuBiber  ol  troops  for  service 
under  this  ordinance,  or  any  other  ordinance  v/hich  has  been, 
or  may  hereafter  be  adopted,  the  military  board,  heretolore 
created,  shall  have  the  power  to  proscribe  the  manner  and 
mode  in  which  said  draft  shall  be  made. 

Sec.  12.  Anything  in  the  constitution  of  the  S^te  of  Arkan- 
sas, and  all  laws  of  this  state,  inconsistent,  or  in  conflict,  with 
any  of  the  provisions  of  this  ordinance,  are  hereby  suspended 
during  the  operation  of  this  ordinance. 

Sec.  13.  Nothing  in  this  ordinance,  or  in  any  other  ordinance 
passed  by  this  convention,  or  in  any  law,  or  the  constitution  of 
this  state,  shall  authorize  the  employment  of  an  armed  force  in 
the  actual  service  of  this  state,  unless  it  shall  be  to  meet  an 
emergenc)',  which  shall  be  so  urgent  as  to  preclude  provision 
being  made  for- it  by  the  Confederate  States  of  America,  so  long 
as  this  state  shall  be  a  member  of  the  same;  or  to  provide  an 
essential  defence  when  the  Confederate  States  shall  neglect  or 
refuse  to  provide  for  it;  or  to  suppress  an  insurrection,  or  to 
repel  an  invasion. 

Sec.  14.  There  shall  not  be  any  limitation  of  the  number  of 
volunteer  companies  in  any  county  in  this  state,  and  the  gov- 
ernor shall  issue  commissions  to  the  oflicers  of  all  volunteer 
companies  organized  in  this  state.  Said  companies  shall 
remain  under  the  authority  and  command  of  the  respective 
field  ofiicers  of  the  county  or  regiment  to  which  they  J^elong, 
but  shall  be  authorized  to  form  themselves  into  separate  regi- 
ments and  battalions,  and  when  called  into  actual  service  shal^ 
elect  their  field* officers  as  hereinbefore  provided,  up  to  the 
grade  of  colonel,  inclusive,  without  regard  to  tJic  particular 
brigade  or  division  from  which  thuy  came. 

Sec.  15.  This  ordinance  shall  take  eflect  and  be  in  force  from 
and  after  its  passage,  shall  only  continue  in  force  for  and  during 
the  war,  after  which  it  shall  be  subject  to  repeal  by  the  General 
Assembly  of  the  State  of  Arkansas. 


28  ORDINANCES    OF 


Adopted,  and  passed  in  and  by  the  convention,  on  the  20th 
day  of  ^'^lay,  18G1. 

DAVID  WALKER,  President 

of  the  Slale   Convention  of  Arkansas. 

Ei.iAS  C.  BouDiNOT,  Secretary 

of  the  Arkansas  Slate   Convention. 


AX  ORDINANCE  prescriblnrr  an  oath  to  he  taken  by  all  miliiari/ 
and  civil  officers  in  the  service  of  this  slate,  and  for  other  pjxr- 

]WSC^. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkan- 
siis  in  convention  assembled,  That  all  the  military  and  civil  offi- 
cers now  in  the  service  of  this  State,  or  who  may  hereafter  be 
elected,  or  appointed,  to  any  office,  in  this  state,  before  they 
shall  further  proceed  to,  or  shall  hereafter  enter  upon  the  dis- 
charge of  the  functions  of  their  said  offices,  be  required  to  take 
and  subscribe  the  following  oath  or  affirmation: 

"  I, ,  do  solemnly  swear  (or  affirm),  that  I  will  sup- 
port the  constitution  of  this  state,  and  all  the  ordinances  adopted, 
by  the  convention  of  the  people  of  the  State  of  Arkansas;  and 
I  furthermore  do  solemnly  swear  (or  affirm),  that  1  will  support 
the  constitution  of  the  provisional  government  of  the  Confede- 
rate States  of  America;  and  I  do,  also,  further  solemnly  swear 
(or  affirm),  that  I  will  faithful  and  true  allegiatice  bear  to  the 
State  of  Arkansas,  and  to  the  Confederate  States  of  America, 
while  I  am  a  citizen  thereof." 

Sec.  2.  Bt  it  furllier  ordained,  That  the  members  of  the 
General  Assembly  of  thi^  state  shall  take  the  above  oath  or 
affimation,  before  they  shall  proceed  to  exercise  the  functions 


THE    CONVENTION.  29 


of  legislation,  to  be  administered  to  them  in  the  manner  now 
prescribed  by  law. 

Sec.  3.  Be  it  fur tJicr  ordained,  That  all  the  ofTicer?,  civil  and 
military,  now  in  ofllce-in  this  state,  shall  report  themselves  to  the 
clerk  of  the  county  court,  of  their  respective  counties,  within 
sixty  days  after  the 'adoption  of  this  ordinance,  and  shall  take 
the  oath,*  or  afiirmation,  above  prescribed,  orally;  and  it  is 
hereby  made  the  duty  of  such  clerks,  throughout  the  state,  "to 
issue  notice  to  all  such  officers  as  fail  to  appear  and  take  such 
oath,  within  sixty  days,  and  if  any  such  oflicer  should  fail  to  ap- 
pear and  take  the  oath  aforesaid,  within  ten  days  after  service 
of  such  notice,  it  is  hereby  made  the  dqtj'  of  such  clerks  to 
report  the  names  of  any  and  all  delinquents  to  the  govGrnor. 
who  shall,  forthwith,  declare  the  ofilcc  of  such  delinquent  to 
be  vacant,  and  forthwith  proceed  to  require  such  vacancy  to 
be  filled  by  election,  or  appointment,  in  accordance  with  the 
laws  now  in  force. 

Sec.  4.  Be  it  Jurthcr  ordained,  That  the  several  clerks  of  the 
county  courts  throughout  this  state,  now  in  office,  shall  take  the 
above  prescribed  oath,  or  affirmation,  before  the  judge  of  the 
county  court  of  their  respective  -counties,  or  some  person 
authorized  to  administer  oaths,  whose  duty  it  shall  be  to  report 
any  delinquency  that  may  occur  in  the  manner  prescribed  in 
the  third  sectioa  of  this  ordinance,  and  the  governor  shall  pro- 
ceed in  such  cases  as  in  said  section  he  is  directed  to  have  such 
oflices  filled,  by  an  election  for  that  purpose,  according  to) 
existing  laws. 

Sec.  5.  Be  it  further  ordained ,  That  all  oflicers',  civil  and  mili- 
tary, hereafter  to  be  elected  or  appointed,  shall  b«  required  to 
take  or  subscribe  the  above  oath,  or  affirmation,  to  be  indorsed 
on  their  commissions,  and  when  so  indorsed  ihe  same  shall  be 
subscribed  by  the  officer  whose  commission  it  is,  and  be  sworn 
to  before  some  ofTicer  authorized  b}'  law  to  administer  an  oath. 

Sec.  6.  Be  it  further  ordained,  That  any  commissioned  mili- 
tary officer,  who  may  have  taken  the  above  oath,  or  afiirmation. 
may  administer  the  same  to  any  other  commissioned  military 
ofiicer  who  may  not  have  taken  the  same. 


30  ORDINANCES    OF 


Sec.  7.  Be  il  further  ordained.  That  the  governor,  members 
of  the  military  board,  auditor,  treasurer,  secretary  of  state  and 
judges  of  the  supreme  court,  be,  and  they  are  hereby  required 
to  appear  before  this  convention,  in  open  session,  at  or  before 
the  hour  of  eleven  o'clock,  a;  m.,  of  Thursday,  the  23d  inst., 
and  take  the  oath  prescribed  by  thij  ordinance,  to  be  adminis- 
tered by  the  president  of  this  convention.  • 

Sec.  8.  Be  it  furlhcr  ordained,  That  after  the  constitution 
of  the  permanent  government  of  the  Confederate  States  of 
America  is  adopted,  or  ratified  by  this  convention,  or  the  people 
of  this  state,  by  a  direct  vote  for  that  purpose,  then  the  oath,  or 
affirmation,  above  prescribed,  phall  be  administered  so  as  to 
embrace  and  include  the  constitution  of  such  permanent  gov- 
ernment, instead  of  the  constitution  of  the  provisional  govern- 
ment as  now  required. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  21st 
day  of  May  A.  D.,  18G1. 

DAVID  WALKER,  President  of  the 
Convention  of  the  State  oj  Arkansas. 
Attest: 

Elias  C.  Boudinot,    Secretary 

of  the  Aikansas  State  Convention. 


AN  ORDINANCE  authorizing  the  governor   to  grant  "pardons 
and  rtniit  fines  and  forfeitures  in   certain  cases. 

Section  1.  Be  it  ordaintd  by  the  people  of  the  State  of  Arkansas 
in  convention  assembled,  That  the  governor  of  this  state  shall 
have  power,  in  all  criminal  and  penal  cases,  where  convictions 
have  been  had  in  the  di:>trict  courts  of  the  United  States  for  the 
eastern  and  western  districts  of  Arkansas,  to  grant  pardons 
and  remit  fines  and  forfeitures,  in  the  same  manner,  and'upon 


THE     C0^"VE1^■TI0X.  31 

the  same  conditions  as  he  is  b}'  the  constitution  and  laws  of  the 
State  of  Arkansas,  authorized  to  do  in  cases  of  convictions  in 
the  courts  of  this  state. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  take  effect 
and  be  in  force  from  and  after  itt*  passage. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  22d 
day  of  May,  A.D.I  8G1. 

DAVID  WALKER,  President  of  the 
Convention  of  tlie  JSlatc  of  Aikansas. 
Attest: 

ELtAS  C.  BouDiNOT,   Sccrttary 

of  the  Arkansas  State  Convention. 


AN  ORDINANCE  for  the  relief  of  Francis  M.  Hill. 

Section  1.  Bt  it  ordained  by  the  people  of  the  State  of  Arkansas^ 
in  convention  assembled,  That  the  president  of  this  convention 
be,  and  he  is  hereby  authorized  and  empowered  to  grant  an 
unconditional  pardon  to  Francis  M.  Hill,  who  was,  at  the  Octo- 
ber term,  A.  D.,  1S58,  of  the  district  court  of  the  United  States 
in  and  for  the  eastern  district  of  Arkansas,  convicted  of  robbing 
the  mails  of  the  United  States,  and  sentenced  to  imprisonment 
in  the  jail  and  penitentiary  house  of  the  State  of  Arkansas,  for 
a  period  of  six  years. 

Sfx.  2  Be  it  further  ordained,  That  upon  the  evidence  of  the 
pardon,  to  be  issued  by  the  president,  as  aforesaid,  being  pre- 
sented to  the  keeper  of  the  jail  and  penitentiary  house  of  this 
state,  he  is  hereby  required  to  discharge  the  said  Francis  M. 
Hill  from  his  custody.  • 

Sec  3.  Be  it  farther  ordained.  That  this  ordinance  take  effect 
and  be  in  force  from  and  after  its  passage. 


32  ORDINANCES    OF 

Adopted,  and  passed  in  and  by  the  convention,  on  the  22d 
day  of  May,  A.  D.  l&Gl. 

DAVID  WALKER,  President  of  the 

State  Convention  of  Ai-Jcansaa. 
Attc:ft: 

Eli  AS  C.  BouDiNOT  Sccrttarjj 

of  the  Arkansas!  State   Convention' 


Ai\  ORDINANCE  for  the  relief  of  Hon.  F.   W.   Compton' 

'  Be  it  ordained  by  the  people  of  the  Stale  of  Arkansas  in  con- 
vention assembled,  That  the  Hon.  F.  W.  "Compton,  one  of  the 
judges  of  the  supreme  court,  who  is  not  now  in  this  city,  be 
allowed  to  take  the  oath  prescribed  by  ordinance  No.  35,  before 
one  of  tlie  judges  of  said  court,  or  before  the  clerk  of  the  cir- 
cuit court  of  Dallas  county,  at  anytime  within  sixty  daj-s  from 
the  passage  of  said  ordinance. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  '^2d 
d:iy  of  May,  A.  D.  18G1. 

DAVID  WALKER,  President  of  the 

State  Convention  of  Arkansas, 
Attest: 

El[.\s  C.  BoufitNOT,  Secretary 

of  Die  Arkansas  State  Convention. 


THE    CONVENTION.  33 

AN  OUDINANCI^  to  provide  fo7-  co-opcratio7i  with  the  forces  of 
the  Confederate  States  of  America  in  the  defence  of  the  western 
frontier  and  for  other  pu?-poses. 

Section  1.  Be  it,  and  it  is  hereby  ordained  by  the  people  oTthe 
Slate  of  Arjcansas  in  convention  assembled,  That  Brigadier  Gen- 
eral Pearce  Ys  hereby  authorized  and  required  to  co-operate 
with  Brigadier  General  McCollough,  to  the  full  extent  of  his 
ability,  in  the  defence  of  the  western  frontier. 

Sec.  2.  lie  it  further  ordained,  That  the  said  Brigadier  C-en- 
eral  Pearce  be,  and  he  is  hereby  required  to  furnish,  in  the  short- 
est practicable  time,  to  the  said  General  McCollough,  amilitar^v 
«scort  into  the  Indian  country,  composed  of  one  company  of 
mounted  men,  out  of  his  command,  to  serve  as  long  as  may  be 
required  for  the  purpose  of  the  contemplated  tour  of  said  Mc- 
Collough into  the  Indian  country,  in  the  service  of  the  Confede- 
rate States  of  America. 

Sec.  3.  Be  it  further  ordained,  That  the  military  board,  here- 
tofore constituted  by  this  convention,  shall  have  power,  when 
organized,  to  enlarge,  restrain,  or  annul,  the  provisions  of  thitj 
ordinance,  when,  in  their  opinion  and  discretion,  it  shall  be 
necessary  to  do  so. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  22d 
day  of  May,  A.  D.,  18G1. 

DAVID  WALKER,  President  of  the 

Convention  of  the  State  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


34  ORDINANCES    OF 


RESOLUTION  relative  to  advancing  supplies  to  General 
McCu/loug/i. 

Resolved,  That  Col.  Thos.  C.  Peek,  now  in  charge  of  the 
arsenal  and  military  stores  there  kept,  be,  and  he  is  hereby 
required  to  deliver  to  the  order  of  Capt.  Albert  Pike,  all  of  the 
subsistence  supplies  now  in  store  in  said  arsanal;  that  said 
Capt.  Albert  Pike  ca,use  them  to  be  conveyed  to,  and  stored  at 
Fort  Smith,  subject  to  the  order  of  Brigadier  General  Pearce, 
who  is  hereby  required,  unless  otherwise  ordered  by  the  mili- 
tary board,  to  advance  to  Brigadier  General  McCollough  such 
supplies  as  may  be  required  for  his  command,  on  the  western 
border  of  this  state,  so  far  as  he  ma}'  be  able,  with  safety  to  his 
command,  until  such  time  as  said  General  McCollough  can  get 
supplies  from  the  Confederate  States,  when  the  same  shall  be 
returned  by  said  Confederate  States;  Provided,  That  subsis- 
tence for  thr^  companies,  for  one  month,  shall  be  left  at  said 
arsenal. 

Adopted,  May  22d,  A.  D.  ISGl. 

DAVID  WALKER,  President  of  the      * 
State  Convention  of  Arkansas. 
Attest: 

Eli.\s  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


RESOLUTION  rclalivc  to  claim  of  S.  H.  Tucker  c^  Co. 
Resolved,  That  the  auditor  of  .public  accounts  be,  and  he  is 
hereby  required  to  draw  his  warrant  on  the  treasurer,  ia  favor 
of  S.  H.  Tucker  (5  Co.,  for  the  amount  of  their  claim,  the  pay- 
ment of  which  is  recommended  by  the  committee  on  ways  and 
means. 

Adopted,  May  22d,  A.  D.  1801. 

DAVID  WALKER,  President  of  the 

Slate  Convention  of  Arkansas, 
Attest: 

Eli  AS  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


TH'E  CONVENTION.  35 

> 1 — 

RESOLUTION  relative  to  military  stores. 

Resolved,  That  Capt.  Pike  be  required  to  take  up  to  Fort 
Smith,  all,  or  the  necessary  quantity,  of  the  medical  stores  now 
on  deposit  at  the  arsenal,   and  deliver  the  same  to  GeneraJ 
Pearce,  for  the  use  of  the  array. 
Adopted,  May  23d,  A.  D.  18G1. 

DAVID  WALKER,  President  of  the 
ConvcJition  cf  the  State  oj  ArkanscA. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State   Convention. 


AN  ORDINANCE  for  the  relief  of  such'  citizens  of  the  State  of 
Arkansas  as  may  he  engaged  in  the  militanj  service  of  the  StaU' 
of  Arkansas,  or  of  the  Confederate  States. 

Section  1.  Beit  ordained  by  the  j^cople  of  the  Slate  of  Arkansas 
in  convention  assembled,  That  hereafter,  no  writ  of  attachment 
shall  issue  against  the  property  of  any  citizen  of  this  state, 
unless  the  creditor,  or  some  other  person  for  him,  shall,  in  the 
affidavit  now  required  by  law,  further  state  and  swear  that  the 
defendant  is  not  engaged  in  the  military  service  of  the  State  of 
Arkansas,  or  of  the  Confederate  States. 

Sec.  2.  Be  it  further  ordained,  That  service  of  any  writ,  or 
notice,  upon  a  citizen  of  this  state,  who  is  engaged  in  the  mili- 
,tary  service  of  this  state,  or  the  Confederate  States,  shall  be  by 
delivering  to  such  person  a  true  copy  of  such  writ  or  notice, 
and  such  service  may  be  proven  by  any  officer  now  authorized 
by  law  to  serve  process,  or  by  the  return  of  any  commissioned 
military  officer  of  this  state  or  the  Coafederate  States. 

Sec.  3.  Be  it  fiirthtr  ordained,  That  it  shall*  be  good  cause 
for  continuance  of  any  cause  pending  in  any  court,  that  a 
defendant  is  in  the  military  service  of  this  state,  or  the  Con- 


36  ORDINANCES    OF 


federate  States;  that  he  has  a  meritorious  defence,  and  that 
the  ?ame  cannot  be  made  without  his  personal  attendance, 
which  facts  shall  be  verified  by  affidavit'of  the  defendant,  or 
some  person  for  him,  and  that  the  affidavit  provided  for  in  this 
section  may  be  made  before  any  military  officer  in  the  service 
of  this  state,  or  of  the  Confederate  States,  or  any  civil  ofiicer 
authorized  by  any  state  in  the  confederacy  to  administer  oaths, 
without- further  authentication. 

^:c.  4.  Be  it  further  ordained,  That  all  statutes  of  limita- 
tion and  non-claim  be  suspended  in  favor  of,  and  against  all 
persons  engaged  in  the  military  service  of  this  state,  or  of  the 
Confederate  states,  during  the  time  of  their  service. 

Sec.  5.  Be  it  further  ordained,  That  no  execution  shall  issue 
'against  the  property  of  any  citizen  of*  this  state,  while  in  the 
military  service  of  this  state,  or  of  the  Confederate-  States, 
unless  the  plaintiff,  or  some  other  person  for  him,  shall,  at  the 
time  of  applying  for  such  writ,  make  and  file  an  affidavit  that 
the  property  of  the  defendant  is  about  to  be  removed  from  the 
county,  the  truth  of  which  allegation  maybe  tried  by  a  jury, 
when  demanded  by  the  defendant,  or  some  person  for  him,, 
before  the  tribunal  to  which  such  execution  or  process  may  be 
made  returnable. 

Sec.  G.  Be  it  further  ordained,  That  in  any  case  where  a  suit 
may  be  pending,  or  may  hereafter  be  instituted,  in  any  court  in 
this  state,  against  two  or  more  persons,  a  part  of  whom  may 
be  in  the  military  service  of  the  State  of  Arkansas,  or  of  th^ 
Confederate  States,  it  shall  be  lawful  for  the  plaintiff  or  plain- 
titfs  to  dismiss  said  suit  as  to  such  of  the  defendants  as  may  be 
engaged  in  such  military  service,  and  proceed  against  the 
others  to  final  judgment  and  execution  as  now  provided  for  by 
law. 

Sec.  7.  JJc  it  further  ordained,  That,  in  all  cases,  where  it 
.shall  appear  that  the  judgment  debtor,  in  service,  is  not  the  sole 
principal  debtor,  an  execution  may  issue  by  order  of  court, 
after  notice,  ag&inst  the  remaining  judgment  debtors,  but  not 
against  the  person  in  such  service. 

Sec.  8.  Jj€   it  further  ordained,  That,  in  all  cases,  where  an 


THE    CONVENTION.  37 


execution  shall  be  issued  against  a  person  who  shall,  thereafter, 
before  sale,  enter  the  military  service  of  this  state,jOr  of  the 
Confederate  States,  the  officer  having  said  execution  shall  not 
enforce  the  same  against  the  property  of  such  person. 

Sec.  9.  Be  it  further  ordained,  That  nothing  in  this  ordinance 
shall  be  so  construed  as  to  prevent  the  due  collection  of  taxes. 

Sec  10.  Be  it  further  ordained,  That  this  ordinance  may  be 
repealed  in  part,  or  in  whola,  by  legislative  enactment,  and 
shall  be  in  force  from  and  after  its  passage. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  23d 
day  of  May,  A.  D.  1S61. 

DAVID  WALKER,  President  of  the 
Convention  of  the  State  of  Arkansas. 
Attest: 

Eli  AS  C.  Boudlxot,  Secretary 


of  the  Arkansas  State  Convention. 


AN  ORDINANCE  to  suspend  the  operation  of  an  ad  of  the 
General  Assembly ,  entitled  "  an  act  amendaioi'y  of  the  militia 
laws  of  the  State  of  Arkansas,^^  approved  the  21st  of  January, 
18G1. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkan- 
sas in  convention  assembled,  That  the  act  of  the  General  Assem- 
bly of  said  state,  approved  on  the  twenty- first  day  of  January, 
A.  D.  1861,  entitled  "an  act  amendatory  of  the  militia  laws 
of  the  state  of  Arkansas,"  be,  and  the  same  is,  hereby  suspended 
until  the  further  order  of  this  convention,  or  of  the  General 
Assembly  of  this  state. 

Sec.  2.  Be  it  further  ordained.  That  the  auditor  of  public 
accounts  be,  and  he  is,  hereby  prohibited,  from  drawing  war- 
rants on  the  treasurer  under  the  provisions  of  said  act,  while 


• 


38  ORDINANCES    OF 


the  same  is  suspended  as  provided  in  the  first  section  of  this 
ordinance^ 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  be  in  force 
from  and  after  its  adoption. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  ^d 
day  of  May,  A.  D.  18G1. 

DAVID  WALKER,  President  oj  the 

State  Convtntion  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State   Convention. 


*-^^M»i»-  »■*  ^u^ 


RESOLUTION  a-ppr opriating  ^500. 

Resolved,  That  the  sum  of  five  hundred  dollars  be,  and  the 
same  is,  hereby  appropriated  to  pay  the  expenses  of  Capt. 
Albert  Pike,  the  commissioner  of  this  state  and  of  the  Confede- 
rate States  to  the  Indian  country,  and  that  the  auditor  issue  his 
warrant  upon  the  treasurer  for  the  same,  taking  the  receipt  of 
Capt.  Pike  therefor. 
Adopted  May  23,  1861. 

DAVID  WALKER,  President 
of  the  Convention  of  the  State  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  State  Convention  of  Arkansas. 


THE    CONVENTION.  •  09 


RESOLUTIONS  relative  to  Privaicermg. 

Whereas,  The  system  of  privateering  and  the  grant-in"-  of 
letters  of  marque  and  reprisal  is  a  legitimate  mode  of  civi- 
lized warfare,  recognized,  not  only  by  European  govern ment-s 
and  international  law,  but  by  the  practice  and  fundamental 
law  both  of  the  United  States  of  America  and  the  Confederate 
States  of  America;  Andichcreas,  in  accordance  with  the  well 
established  and  universally  recognized  system  of  civilized  war, 
the  government  of  the  Confederate  States  of  America  has 
proceeded  to  the  issuing  of  letters  of  marque  and  reprisal,  and 
the  fitting  out  of  privateers  as  a  means  of  self  defence  and  of 
prosecuting,  successfully^  the  war  which  has  been  forced  upon 
them  by  the  government  at  Washington. 

A?id  ichcrcas,  Abraham  Lincoln,  at  present  President  of  the 
United  States,  in  obedience  to  the  suggestions  of  the  commer- 
cial interest  of  the  North,  as  conveyed  to  him  through  imposing 
meetings  of  the  New  York  Chamber  of  Commerce,  and  other 
channels,  has  issued  a  proclamation,  declaring  that  any  person 
privateering  under  the  authority  of  letters  of  marque  and 
reprisal  issued  by  President  Davis,  shall  be  held  amenable  to 
the  laws  of  the  United  States  for  the  prevention  of  piracy: 

Resolved,  That  we  indorse  and  approve  the  action  of  Presi- 
dent Davis  and  the  government  at  Montgomery  in  the  premi- 
ses, and  that  we  will  sustain  it  with  the  whole  moral  and 
physical  power  of  the  sovereign  State  of  Arkansas,  and  that 
we  recommend  to  the  government,  of  the  Confederate  States 
that  they  retain  the  person  of  every  alien  enemy  taken  as  a 
prisoner,  and  hold  them  personally  responsible  to  the  people  of 
the  South,  if  President  Lincoln  shall  execute  his  infamous 
threat  to  treat  a  recognized  usage  of  civilized  warfare  as  piracy 

Adopted,  May  23d,  A.  D.  1861. 

DAVID  WALKER,  President 

of  the  Convention  of  the  Slate  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


40  ORDINANCES    OF 


AN  ORDINANCE  supplementary  to  the  ordinance  entitled  "  an 
ordinance  prescribing  an  oath  to  be  taken  by  all  civil  and  mili- 
tary officers  in  the  service  of  the  stale,  and  for  other  purposes,'' 
heretofore  adopted  by  this'  convention. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  con- 
vention  assembled,  That  the  ordinance  passed  on  the  day.before 
yesterday,  requiring  the  governor,  and  certain  other  officers 
therein  mentione<5,  to  appear  before  this  convention  by  the 
hour  of  eleven  o'clock,  of  this  day,  and  take  the  oath  prescribed 
by  this  convention,  be,  and  the  same  is,  hereby  repealed  so  far 
as  it  relates  to  the  governor;  And  be  it  further  ordained,  That 
a  committee  of  three  be  appointed,  consisting  of  the  President 
and  two  other  members  of  this  convention,  to  wait  on  the 
governor,  at  his  residence,  in  the  city  of  Little  Rock,  forthwith^ 
and  administer  to  Henry  M.  Rector,  governor  of  the  State  of 
Arkansas,  said  oath. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  23d 
day  of  May,  A.  D.  1861. 

DAVID  WALKER,  President 

of  the  State    Convention  of  Arkansas. 
Attest: 

EuAS  C.  BouDiNOT,  Secretary 

of  the  Arkansas  State  Convention. 


AN  ORDINANCE  fixing  the  military  rank  of  the  Military  Board, 
created  by  this  convention  by  ordinance  adopted  the  Ibth  day 
of  May,  A.  D.   1801. 

Be  it  and  it  is  hereby  ordained  by  the  people  of  the  State  of 
Arka7isas  in  convention  assembled,   That   the    military   board. 


THE    CONVENTION.  .  41 

heretofore  created  b}'  an  ordinance  of  this  convention,  shall 
outranlv,  and  be  in  authority  above,  any  and  all  the  militar}' 
officers  holding  commissions  under  the  authority  of  the  State 
of  Arkansas,  and  that  this  ordinance  shall  take  etlect  and  be  in 
force  from  and  after  its  adoption. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  23d 
day  of  May,  A.D.  18G1. 

DAVID  WALKER,  President 
oj  the  Convention' of  the  State  of  Arkansas. 
Attest: 

Elias  C.   Boudinot,  Secretary 

of  tilt  Arkansas  Slate  Convention. 


AN  ORDINANCE— To  enable  the  MUitarrj  Board  to  call  in 
all  the  arms  belonging  to  the  State  not  now  in  ike  hands  of 
enlisted  soldiers. 

It  is  hcrchij  ordained  by  the  people  of  the  Slate  of  Arkansas,  in 
Convention  assembled,  That  the  military  board  is  hereby  author- 
ized and  empowered  to  cause  to  be  returned  to  the  arsenal,  at 
Little  Rock,  or  to  be  deposited  at  any  point  which  they  may 
direct,  all  or  any  of  the  arms  which  have  been  distributed  by 
virtue  of  an  act  of  the  General  Assembly,  approved  January 
21st,  1861,  and  all  other  arms  distributed  by  the  governor, 
whenever,  in  the  opinion  of  said  board,  the  public  interest 
requires  the  same  to  be  done,  and,  for  this  purpose,  they  shall 
have  the  right  to  pass  all  laws  and  orders  to  cause  their  com- 
mands to  be  executed  and  obeyed. 


4 '2  ORDIx\ANCES    OF 


Adopted  and   passed 'in  and   by  the   convention,  May  "2 1th, 

18G1. 

DAVID  WALKER,  Prcndcnt 

of  the  Convention  of  the  State  oj  Ar/caJisas. 
Attest: 

Em  AS   C.  BouDiNOT,  Secretary 

of  the  Arkansas  State-  Convcniion. 


AN  OIVDY^X'^C^— To  conprn  the  several  acts  of  the  General 
Assembly  of  the  State  of  Arkansas,  to  ostablish  separate  courts 
in  the  counties  oJ  Jackson  and  St.  Francis,  and  other  counties' 

Section  1.  Be  it,  and  it  is,  herehij  ordained  by  the  people  of  the 
Slate  of  Arkansas  in  convention  assembled,  That  the  act  of  the 
General  Assembly,  entitled  "  An  act  to  establish  separate 
courts  in  the  county  of  Jackson,  in  the  State  of  Arkansas," 
approved  the  28th  day  of  December,  A.  D.  18G0,  and  the  act  of 
said  General  Assembly,  entitled  "  An  act  to  establish  separate 
courts  in  the  county  of  St.  Francis,  in  said  state,  approved  the 
10th  January,  1861,  are,  in  all  things,  hereby  ratified  and  con- 
firmed, and  that  the  constitution  and  laws  of  the  State  of 
Arkansas,  whenever  they  may  come  in  conflict  with  this  ordi- 
nance, be,  and  they  are,  hereby  repealed,  and  shall  hereafter 
be  held  to  be  null  and  void. 

Sec.  2.  77c  it  further  ordained.  That  this  ordinanc-e  shall 
apply  to  all  counties  similarly  situated,  and  shall  take  effect  and 
be  in  force  from  and  after  its  adoption. 


THE    CONVENTION.  43 

Adopted  and  passed  in  and  by  the  convention,  on  the  25tk 
day  of  May,  A.  D.  1S61. 

DAVID  WALKER,  President 
offhc  Convention  oj  tJie  Stale  of  Arkmisas. 


AWest: 


Elias  C.   Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


RESOLUTION — Rclallve  to  subsistence  of  regiment  at  arsenal. 

Resolved, ^  That  the  olliccr  in  charge  of  the  provision  stores  at 
the  arsenal,  in  Little  Rock,  be,  and  he  is  hereby  directed  to 
issue  provisions  to  Col.  Churchill,  for  the  sustenance  of  his 
regiment,  now  rendezvoused  at  this  place,  and  take  his  receipt 
for  the  same,  and  charge  them  to  the  account  of  the  Confeder- 
ate States  of  America. 
Adopted,  May  '27th,  18GI. 

DAVID  WALKER,  President 
of  the  Convention  of  the  Slate  of  Arkansas.' 
Attest:  "^  *        .  " 

EiJAS  C.  BotrniNOT,  Secret arii 
of  the  Arkansas  State  Convention. 


AN  ORDINANCE— To  authorize  the  county  court  of  Pulaski 
county   to  make  appropriation  to  purchase   horses. 

Section  1 .  Be  it  ordained  by  the  people  of  the  Slateof  Arkansas  in 
convention  assembled,  That  the  county  court  of  Pulaski  county 


44  ORDINANCES    OF 


shall  have  power  to  appropriate  a  sufRcient  sum  of  money  out  of 
the  treasur}'  of  said  county,  to  aid  in  purchaising  horses,  to 
mount  a  company  designed  for  the  service  of  the  Confederate 
States. 

Sec.  2.  Be  it  further  ordained,  That  if  there  should  not  be 
Eufncient  money  in  the  treasury,  said  county  court  may  issue 
county  scrip  for  the  purpose  aforesaid. 

Adopted  and  passed  in  and  by  the  convention,  on  the  27th 
day  of  May,  A.  D.  1861. 

DAVID  WALKER,  President 
of  the   Convention  of  the  State  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State   Convention. 


AN  ORDINANCE — To  regulate  for  the    time    being,    the  sales 
of  public  lands  within  this  State  and  for  other  purposes. 

Suction  1.  Be  it  ordained  by  the  people  of  the  State  of  Ar- 
kansas, in  Convention  assembled,  That  all  the  land  offices  within 
this  state,  heretofore  conducted  under  the  laws  and  regulations 
of  the  federal  government  of  the  United  States,  be,  and  the 
same  arc  hereby  continued;  to  be  conducted  under  the  control 
and  authority  of  the  State  of  Arkansas,  and  that  the  registers 
and  receivers  of  the  several  land  offices  shall  be  fully  author- 
ized to  continue  to  perform  their  respective  duties  as  such 
under  the  same  laws,  instructions  and  regulations  as  they  have 
been  governed  heretofore,  so  far  as  the  same  may  be  applica- 
ble. And  that,  within  sixty  days  from  the  adoption  of  this 
ordinance,  each  register  and  receiver  of  public  moneys  shall 
lilc,  with  the  governor  of  this  state,  their  bonds,  with  good  and 
sufficient  security,  to  be  approved  by  the  governor,  conditioned 


THE    COXVENTIOX.  45 

for  the  faithful  performance  to  the  State  ef  Arkansas,  of  their 
respective  duties  as  prescribed  by  the  laws  of  the  United  States, 
and  the  regula4;ions  and  instructions  in  relation  thereto,  passed, 
adopted,  or  given,  before  the  sixth  day  of  May,  A.  D.  ISGl,  as 
modified  by  the  ordinances,  of  this  convention,  or  the  neces- 
i^ary  regulations  and  ins>tructions  to  be  adopted  or  given,  to' 
carry  said  ordinances  into  effect.  The  bond  to  be  given  by 
each  register,  shall  be  in  the  sum  of  ten  thousand  dollars,  and 
that  to  be  given  by  the  receiver  shall  be  in  the  sum  of  fifty 
thousand  dollars;  and  said  officers  shall,  within  the  same  time, 
take  the  oath  of  oflice  as  prescribed  b}'  this  convention. 

Sec.  2.  Be  it  further  ordained,  That  said  registers  and  receiv- 
ers shall  hereafter  make  their  reports  to  the  auditor  of  public 
accounts,  in  the  same  way,  at  the  same  times,  and  in  the  same 
manner  that  they  were,  heretofore,  required  to  do  and  perform 
to  the  authorities  at  the  cit}'  of  Washington,  and  the  receivers 
of  public  moneys  shall  make  their  payments  to  the  state  treas- 
urer, and  take  from  him  duplicate  receipts,  and  file  one  with 
the  auditor.  The  auditor  of  public  accounts  shall'4veep  a  record 
of  all  his  transactions  with  the  registers  and  receivers  in  a  set 
of  books,  to  be,  by  him,  kept  for  that  purpose.  Said  registers 
and  receivers  shall  receive  the  same  salaries  and  commissions 
that  they  heretofore  received  from'the  governmeht  of  the  Uni» 
ted  States,  to  be  paid  quarterl}',  out  of  the  state  treasury,  and 
out  of  the  particular  land  fund  received  from  the  sale  of  pub- 
lic lands,  and  a  su^icient  sum  of  money  arfsing'from  the  sale 
of  such  lands  be,  and  the  same  is  hereby  appropriated  to  pay 
the  same. 

Sec.  3.  Be  it  further  ordained,  That  no  land  warrant  shall 
hereafter  be  located  on  any  of  the  lands  of  this  state,  except 
land  warrants  issued  to  citizens  of  Arkansas,  their  widows  or 
children;  or  to  soldiers,  or  volunteers,  who  were  from  this  state, 
their  widows  or  children;  and  all  entries  made  by  land  war- 
rants since  the  sixth  day  of  May,  A.  D.  18G1,  by  non-residents, 
or  for  speculation,  are  hereby  declared  void. 

Sec.  4.  Bt  it  fnrtlicrodained,  That  all  lands  heretofore  reserved 
by  the  United  States  in   proximity  to  any  and  all  railroad  sur- 


46  ORDINANCES   OF. 


veys  within  this  state  shall,  hereafter,  be  sold  by  the  registers 
of  the  proper  land  offices,  at  not  less  than  one  dollar  and 
twenty-five  cents  an  acre,  but,  before  the  restoration  of  said 
lands  to  market  at  least  sixty  days  notice  shall  be  given  by  the 
register  and  receiver  of  the  proper  land  office,  under  the 
in.-^tructions  of  the  auditor,  that  said  lands  will  be  ollered  at 
public  sale  to  the  highest  bidder  for  cash,  and  after  they  shall 
have  been  offered  at  public  sale,  as  aforesaid,  such  of  them  as 
shall  remain  unsold,  shall  be  sold  at  private  sale  at  said  price 
of  one  dollar  and- twenty-five  cents  an  acre;  Provided,  That  all 
actual  settlers  upon  said  lands  shall  have  the  right  to  enter  the 
sam-e  at  said  minimum  price  before  the  day  of  sale  to  the 
amount  of  one  hundred  and  sixty  acres,  upon  making  proof  of 
such  actual  settlement  before  the  register,  in  accordance  with 
instructions  to  be  issued  b}'  the  auditor  in  this  regard.  And 
that  the  tract  of  unsurveyed  land,  known  as  the  Cherokee 
reserve,  at  the  mouth  of  the  Illinois  Bayou,  in  Pope  county,  on 
the  Artvansas  river,  shall  be  surveyed  and  subdivided  under  the 
direction  of  flie  auditor  of  public  accounts,  who  shall  have  the 
proper  plats  made,  and  shall  furnish  the  register  of  the  land 
office  of  the  Clarksville  district,  with  copies  of  the  same,  and 
the  register  aforesaid,  shall  sell  the  said  land  at  public  sale,  on 
the  first  Monday  of  January,  A.  D.  18G2,  first  giving  at  least 
sixty  day's  notice  of  such  sale  by  publication  in  some  newspa- 
per published  in  the  city  of  Little  Rock,  at  which  sale  said  lands 
shall  be  sold  to  the  highest  bidder  for  cash,  In  lots  or  subdivis- 
ions, not  exceeding  eighty  acres,  with  fractions  more  or  less, 
but  shall  not  be  offered  for  sale  at  less  than  five  dollars  an  acre, 
and  if  not  then  sold  shall  remain  subject  to  private  sale  for 
twelve  months  atthat  price,  after  which  time  the  unsold  por- 
tions of  said  land  shall  be  subject  to  private  sale,  at  two  dol- 
lars and  fifty  cents  an  acre,  and  a  sufficient  sum  of  money  is 
hereby  appropriated  out  of  the  state  treasury,  to  pay  the 
expense  of  making  such  surveys,  maps  and  plats.  And  the 
lands  heretofore  reserved  by  the  United  States  government,  for 
the  use  and  benefit  of  Fort  Wayne,  in  Benton  county,  shall  be 
ofiered  at  public  sale,  upon  like  notice   by  the   register   and 


THE   CONVENTION.  41 


receiver  of  the  land  office,  ^t  ITuntsviile,  on  the  first  Monday 
of  August  next,  whereat  said  lands  shall  not  be  sold  for  less 
than  one  dollar  and  twenty-five  cents  an  acre.  But  so  muchot 
said  reserve,  not  exceeding  eighty  acree^.  as  in  the  opinion  of 
the  military  authorities  in  that  division  of  the  army  may  be 
necessary  for  such  military  post,  or  encfimpment,  shall  not  be. 
offered  at  such  public  sale. 

Sec.  5.  Be  it  furVicr  ordauud,  That  all  the  swamp  lands 
which  have  been  located,  or  reported  as  such,  to  the  j^jroper 
authorities  of  this  state,  and  which  have  notbeen  confirmed  by 
the  commissioner  of  the  general  land  office,  and  the  authori- 
ties at  the  city  of  Washington,  be,  and  the  same  are  herci)v 
deemed  to  be  fully  confirmed,  and  this  confirmation  shall  have 
the  same  efiect  as  though  said  lands  had  been  patented  to  the 
State  of  Arkansas,  except  "all  those  tracts  or  parcels  of  land 
that  were  sold  by  the  registers  of  the  several  land  offices  of  the 
United  States,  to  any  party  or  parties,  whatever,  who  shall  be 
entitled  to  their  patent  deeds  for  the  same.  The  auditor  shall 
issue  deeds  to  the.  holders  of  certificates  of  entry  of  such  lands 
as  arc  confirmed  by  the  provisions  of  this  section,  upon  such 
holders  filiug  their  certificates  in  his  office.  No  further  selec- 
tions of  swamp  lands  shall  be  made,  and  those  herein  confirmed 
shall  be  sold  by  the  swamp  land  agents,  who  shall  be  gorerned 
by  existing  laws  in  relation  to  advertising  and  making  sales  of 
swamp  lands,  after  they  shall  have  been  certified  by  proper 
lists  and  plats,  to  the  several  swamp  land  ofiicers,  under  the 
direction  of  the  auditor  of  the  state.  And,  in  order  to  prcpart" 
the  lists  aforesaid,  of  all  the  swamp  lands  hereby  confirmeil. 
the  auditor  shall  receive  from  the  swamp  land  secretary,  who 
is  hercbj^  required  to  turn  over  the  same,  all  the  lists  of  selec- 
tions that  have  been  reported  to  his  predecessors  in  office  or  t-i 
him,  by*the  locating  agents  in  the  several  counties,  to  be  used 
by  the  auditor  in  preparing  the  neceisary  and  proper  lists,  and 
after  he  has  fully  prepared  said  lists,  he  shall  return  the  origi- 
nal listts  of  selections  to  said  swamp  land  secretary.  Nothing 
in 'this  section  shall  he  so  construed  as  to  prejudice  the  legal  or 


ffg^-^ 


48  ORDINAXCES  OF 


equitable  rights  of  any  pcrsoa  or  corporation,  who  has  acquired 
such  rights  under  laws  now  or  heretofore  in  existence. 

Skc.  G.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
the  auditor,  at  the  end  of  every  three  months  afterthe  adoption 
of  this  ordinance,  tt  transmit  to  the  swamp  land  agents  lists 
of  unconiirmed  lafrtls^patented  in  their  respective  districts,  and  , 
it  shall  be  the  duty  of  the  land  agents  to  correct  their  plats  by 
noting  the  entries  which  do  not  appear  on  said  plats,  so  as  to 
conform  to  such  lists. 

Skc.  7.  Ue  it  further  crdaincd,  That  all  persons  who  m.ay 
have  bought  or  entered  an}'  lands  at  any  of  the  land  oflices  of 
the  United  States,  and  paid  for  the  same  at  the  graduated  or 
other  price,  for  actual  settlement,  or  otherwise,  shall  have  their 
patents  delivered  to  them  by  the  registers  of  the  land  offices 
upon  the  surrender  of  the  certificate  of  location,  or  the  receipt 
of  the  receiver;  or,  if  such  certificate  or  receipt  be  lost,  then, 
upon  satisfactory  evidence  of  such  loss,  if  said  patents  shall  be 
in  the  offices,  and  all  patents  thereafter  remaining  in  the  offices* 
of  the  sever-al  registers,  shall  remain  until  disposed  of  by  the 
deneral  Assembly  of  this  state. 

Sec  8.  Be  it  further  ordained,  That  the  auditor  shall,  so  far 
as  applicable,  have  the  same  general  powers,  witK  authority  to 
idsue  instructions  to  registers  and  receivers,  as  the  commissioner 
of  the  general  land  office  of  the  United  States  formerly  had, 
and  shall,  if  he  thinks  the  public  interest  demands  it,  appoint 
some  competent  person  to  examine  the  books  and  accounts  of 
any  or  all  of  the  said  land  offices,  and  to  report  the  condition 
thereof,  and  the  expenses  of  such  examination  shall  be  paid 
out  of  any  funds  arising  from  the  sale  of  lands,  not  otherwise 
appropriated. 

Sec.  9.  Be  it  further  ordained,  That  each  register  and 
receiver  shall  be  required  to  file  with  the  auditor  <ff  public 
accounts,  a  full  schedule,  under  oath,  of  all  the  public  property 
heretofore  belonging  to  the  federal  government,  now  in  their 
hands  as  such  registers  and  receivers,  and,  at  the  same  time, 
execute  a  receipt  therefor  to  the  State  of  Arkansas.  And 
should    ny  register  or  receiver,  neglect  or  refuse  to  comply  with 


THE    CONVENTION.  49 


the  requirements  of  this  ordinance,  or  should  die,  or  resign,  in 
that  case,  upon  official  information  thereof,  the  governor  of  this 
state  shall  appoint  some  proper  and  suitable  person  to  fill  such 
vacancy,  and  the  person  so  appointed  shall  be  required  to  take 
the  proper  oath,,  and  give  the  required  bond  for  the  faithful 
performance  of  duty;  which  appointment  shall  continue  until 
the  last  day  of  the  next  regular  biennial  session  of  the  legisla- 
ture. 

Sec.  10.  Be  it  furlJitr  ordained.  That  all  suspended  entries 
in  the  several  land  offices  shall  be,  forthwith,  corrected  by  the 
register  of  the  proper  office,  in  pursuance  of  the  instructions 
heretofore  received  from  the  commissioner  of  the  general  land 
office  at  the  city  of  Washington,  and  according  to  the  rights  of 
parties,  by  reconciling  all  seeming  errors  and  conflicts  in  accord- 
ance with  the  spirit  and  letter  of  the  law  governing  such  cases, 
and  said  registers  shall  make  quarterly  reports  of  the  same  to 
the  auditor  lor  his  approval,  w^ho  is  required  to  supervise  the 
same,  and  should  there  e.KiBt  any  discrepancies,  or  errors,  to 
send  the  same  back  to  the  register  for  further  corrections,  and 
said  register  shall  issue  corrected  certificates  fnr  all  errors  by  • 
►him  reconcrled,  upon  which  certificates  deeds  shall  be  made. 

Sec.  11.  Be  it  further  ordained,  yhat  the  auditor  shall  adjust 
the  accounts  of  all  registers  and  receivers  for  such  salaries  and 
commissions  as  may  now  be  due,  and  draw  his  warrant  on  the 
treasurer  for  the  amount  due  to  each,  to  be  paid  out  of  the 
lunds  paid  into  the  treasury  by  receivers  of  public  money,  and 
a  sufficient  sum  is  hereby  appropriated  for  that  purpose. 

Sec.  12.  Be  it  further  ordained,  That  the  auditor  of  public 
accounts  be,  and  he  is,  hereby  made  the  custodian  of  the  book? 
maps,  plats,  furniture  and  papers  of  all  description,  and  all 
property,  pertaining  to  the  late  surveyor  general's  office  of  this 
state,  and  that  the  same  shall  be  turned  over  to  him;  and  that 
the  secretary  of  state  be,  and  he  is,  hereby  required  to  furnish 
a  suitable  room  for  the  safe  keeping. of  the  same. 

Sec.  13.  Beit  further  ordained,  That  this  convention,  after 
the  adoption  of  this  ordinance,  shall  elect  one  register  of  the 
land  office  for  the  Clarksville  land  district,  who  shall  be  co.m- 

4 


50  ORDINANCES    OF 


missioned  by  the  president  of  this  convention,  after  said  register 
shall  have  executed  a  bond,  with  two  or  more  good  and  suffi- 
cient securities  in  the  sum  of  ten  thousand  dollars,  to  be 
approved  by  the  president  aforesaid,  and  said  register  shall  take 
the  oath  now  prescribed  by  this  convention,  and  for  the  faith- 
ful performance  of  his  duties. 

Sec.  14.  Bt  il  further  or daimd,  That  the  receivers  of  public 
moneys,  or  the  securities  of  any  such  receivers,  are  hereby 
ordered  and  directed  to  pay  into  the  state  treasury  all  moneys 
now  in  their  hands,  or  possession,  which  the  government  of  the 
United  States  was,  heretofore,  entitled  to  receive,  and  to  take 
from  the  state  treasurer  duplicate  receipts  therefor,  and  file  one 
of  the  same  with  the  auditor  of  public  accounts;  and,  if  they 
shall  fully  pay  all  of  said  money  in  their  hands,  then  the  con- 
vention hereby  pledges  the  sovereignty  of  the  State  of  Arkan- 
sas to  hold  all  of  said  parties  harmless  ou  their  bonds  to  the 
United  States. 

Sec,  15.  Be  it  further  ordained,  That  all  regular  and  valid 
entries  of  seminary,  saline,  internal  improvement,  or  swamp 
•  lands,  whether  the  said  swamp  lands  have  or  have  not  been 
patented  to  the  state,  are  hereby  confirmed,  and  the  holder  of, 
any  original  or  patent  certificate,  or  his,  or  her  assignee,  or  the 
party  or  parties  in  whom  the  legal  title  to  the  land  exists,  may 
present  his  or  their  certificate  to  the  auditor  of  public  accounts 
of  the  State  of  Arkansas,  who,  if  he  find  that  the  sale  of  such 
land  was  made  in  conformity  to  law,  and  has  been  fully  paid 
for,  shall  execute,  under  his  hand  and  official  seal,  a  deed  con- 
veying all  the  right,  title  and  interest  of  the  state  thereto,  in 
the  same  manner  as  deeds  are  made  to  donees  of  forfeited 
lands  by  the  auditor,  except  as  to  acknowledgment  of  the  same, 
and  the  seal  of  the  auditor  shall  be  sufficient  verification  and 
authentication  of  the  deed  so  made,  and  the  same  is  hereby 
made  and  shall  be  recived  as  evidence  in  any  court  of  record 
of  this  state.  And  all  lands  sold  by  the  registers  of  the  land 
offices,  for  which  patents  have  not  issued,  and  all  that  may  be 
hereafter  sold  by  them,  shall  have  deeds  issued  for  the  same,  in 
like  manner.     The  auditor  shall  not  issue  any  certificate  to  the 


THE    CONVENTION.  51 


governor,  but  make  deeds  and  file  the  original  certificates,  and 
keep  an  abstract  of  the  deeds  so  made,  from  which  abstract  he 
may  issue  duplicates;  and  for  his  services  in  examining,  filing, 
making  deeds  and  record  of  the  same,  the  auditor  shall  be 
entitled  to  a  fee  of  one  dollar  oji  each  deed  so  made,  and  from 
the  fees  so  received  on  deeds  for  lands  sold  by  the  registers, 
shall  pay  a  competent  clerk  to  write,  or  fill  up,  the  same,  with- 
out charge  to  the  state  for  the  services  of  such  clerk.  And  the 
auditor  of  public  accounts  and  the  treasurer  of  this  state  be, 
and  they  are,  hereby  fully  authorized  to  appoint,  each,  one 
deputy,  which  appointment  shall  be  made  in  writing,  and  the 
deputy  so  appointed  shall  take  the  oath  now  required  by  law, 
and  such  letter  of  appointment  shall  be  filed  with  the  secrerary 
of  state,  and  the- auditor  and  treasurer  shall  be  responsible  on 
their  oflicial  bonds  for  all  the  acts  and  conduct  done  and  per- 
formed by  their  deputies,  respectively,  in  the  performance  of 
their  ofiicial  duties. 

Sec.  16.  Be  U  further  ordained,  That  deeds  shall  be  issued 
to,  and  in  the  names  of,  all  persons  who  mny  have  entered  any 
of  the  public  lands  of  the  United  States,  prior  to  the  sixth  of 
May,  1801,  not  patented  by  the  United  States,  up  to  this  time, 
in  the  same  way  in  which  deeds  or  patents  are  autlv)rized  to 
be  issued  upon  swamp  land  entries,  and  the  presentation  and 
surrender  of  the  receipt  of  the  receiver  of  public  moneys  of 
the  United  States,  shall  be  sufficient  to  authorize  the  issuance 
of  such  deed  or  patent  for  the  lands  in  such  receipt  set  forth. 

Sec.  17.  Be  it  further  ordained.  That  it  shall  not  be  neces- 
sary for  those  who  may  have  entered  the  lands  of  the  United 
States  under  the  acts  of  Congress  graduating  the  price  of  such 
lands,  to  make  the  required  proof  of  habita.tion  and  cultivation 
under  the  said  acts,  but  all  such  entries  be,  and  thej  are,  hereby 
in  all  things  ratified  and  confirmed  without  such  proof,  to  be 
deeded  or  patented  in  the  manner  provided  in  the  last  preced- 
ing section. 

Sec.  18.  Be  it  further  ordained,  That  the  State  of  Arkansas 
shall  hold  in  trust,  for  the  class  of  persons  hereafter  mentioned 


52  ORDINANCES    OF 

in  this  section,  a  sufficient  amount  of  the  moneys  which  may 
arise  from  the  sale  of  the  public  lands  specified  in  this  section^ 
to  be  appropriated  by  the  General  Assembly  ol  this  state,  after 
the  restoration  of  peace,  for  the  purpose  of  refunding  to  all 
citizens  of  the  State  of  Arkansas,  the  amount  of  money  which 
any  euch  citizen  may  have  overpaid  the  United  States  for  lands 
by  him  entered  in  this  state  under  the  graduation  law  of  the 
United  States  of  the  fourth  of  March,  A.  D,  1854,  but  no  such 
claim  shall  be  paid  out  of  any  appropriation  for  that  purpose 
made,  until  the  same  shall  have  been  ascertained  and  authen- 
ticated in  a  manner  to  be  hereafter  prescribed" by  ordinance  of 
this  convention  or  act  of  the  General  Assembly, 

Sec.  19.  Be  it  further  ordained,  That  no  poblic  sale  of 
swamp  lands  shall  be  made  before  the  first  day  of  October,  A, 
D.  18G1. 

Sec.  20.  Be  it  farther  ordained,  That  where  proof  of  pre- 
emption rights  have  not  been  made,  pre-emptor&  on  swamp 
lands  shall  make  proof  on  or  before  the  day  of  public  sale, 
and,  upon  satisfactory  proof  being  made,  the  state  land  agent 
shall  give  his  certificate,  which  shall  state  that  the  pre-emptor 
has  proven  a  pre-emption  to  the  tract  of  land  therein  men- 
tioned, wj;iich  certificate  may -be  transferred  by  assigament^ 
indorsed  thereon,  signed,  sealed  s^nd  acknowledged  by  the 
assignor. 

Sec.  21.  Be  it  further  ordained,  That  pre-emptors,  their  heirs, 
executors,  administrators  and  assigns,  may  make  payment  for 
such  lands  on  or  before  the  first  day  of  January,  A.  D.  1863. 

Sec.  22.  That  in  case  of  a  claimant  of  a  pre-emption  being" 
in  the  military  service  of  this  state  or  the  Confederate  States. 
the  proof  may  be  made  by  others  than  the  pre-emptor. 

Sec.  23.  Be  it  further  ordained.  That  all  laws  of  this  state^. 
not  inconsistent  with  this  ordinance,  regulating  pre-emptions, 
are  hereby  continued  in  force,  and  this  ordinance  may  be 
altered  or  amended  at  any  regular  session  of  the  General 
Assembly  of  this  state. 


THE     CONVENTION.  53 

Adopted,  and  passed  in  and  by  the  convention,  on  the  27th 
day  of  May  A.  D.,  1861. 

DAVID  WALKER,  President  of  the 
Convention  of  the  State  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,   Secrttary 

of  the  Arkansas  Slate  Convention. 


AN  ORDINANCE  to  provide  for  the  pnijmcnt  of  debts  due  from 
ihc  government  of  the  United  States  to  citizens  of  t/te  Slate  of 
Arkansas,  out  of  moneys  seized  from  the  United  States  by  the 
■State  of  Arkansas. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  oj  Arkan- 
sas in  convention  assembled.  That  all  moneys  in  the  hands  of 
any  officer  of  the  United  States,  within  the  State  of  Arkansas, 
previous  to  the  sixth  day  of  Maj^  A.  D.,  18GI,  which  have  been, 
or  may  hereafter  b.e  seized  to  the  use  of  the  state,  shall  be,  and 
the  same  are  hereby  declared  to  be  held  in  trust  by  the  state, 
so  far  as  the  same  may  be  necessary,  for  the  payment  of  claims 
justly  due  from  the  government  oi  the  United  States  to  citizens 
of  the  State  of  Arkansas,  or  of  the  Indian  territory  west  of  the 
State  of  Arkansas,  growing  out  of  the  late  United  States  court 
for  the  western  district  of  Arkansas,  on  or  before  the  said  sixth 
day  of  May;  Provided,  That  such  claims  .«'hall  be  presented 
and  authenticated  as  hereinafter  required. 

Sec.  2.  Be  it  further  ordained,  That  before  payment  shall  be 
made  of  any  claim  of  the  character  specified  in  the  foregoing 
section,  wlicthcr  the  same  be  evidenced  by  draft,  certificate  of 
any  United  States  oflicer,  or  otherwise,  except  the  pay  of  pen- 
sioners, the  claimant  shall  file  his  draft,  or  other  evidence  of 


54  ORDINANCES    OF 


debt,  or  statement  of  account,  in  the  office  of  the  auditor  of 
public  accounts  of  the  State  of  Arkansas,  and  make  proof, 
which  i-h*all  be  satisfactory  to  ttie  auditor,  that  the  debt  is  justly 
due;  that^he  claimant  is  a  citizen  of  this  state,  or  of  the  Indian 
territory,  west  of  the  State  of  Arkansas,  having  a  claim  grow- 
ing out  of  the  late  UHited  States  court  at  Van  Buren;  that  he 
is  bona  fide,  the  original  holder  or  owner  thereof,  or  an  assignee 
for  value,  and  that  he  was  such  holder,  or  owner,  or  assignee, 
previous  to  the  sixth  day  of  May,  A.  D.  1861;  Provided,  That 
after  such  proof  shall  have  been  made,  such  claim  shall  remain 
on  file  in  the  auditor's  office  for  ninety  days  from  the  date  of 
the  passage  of  this  ordinance,  at  the  expiration  of  which  time 
the  auditor  shall  make  an  estimate  of  the  whole  amount  of 
moneys  seized  from  the  United  States,  as  specified  in  the  fore- 
going section,  and  of  tne  whole  amount  of  such  claims;  and  if 
there  shall  be  a  sufficiency  of  such  moneys  to  pay  the  whole  of 
such  claims,  then  the  auditor  shall  draw  his  warrants  upon  the 
treasury  in  favor  of  such  claimants,  for  the  full  amount  of  their 
respective  claims.  But  if  the  whole  amount  of  said  claims 
exceed  the  whole  amount  of  such  moneys,. then  the  auditor 
shall  draw  warrants  on  the  treasury  for  the  payment  ol  said 
claims,  pro  rata. 

Sec.  3.  Bt  it  fu7-ihtr  ordained,  That  it  shall  be  the  duty  of  the 
United  States  pension  agent  for  the  State  of  Arkansas,  or  other 
person  having  possession  of  the  same,  to  deliver  to  the  auditor 
the  pension  roll,  and  all  books  and  papers  pertaining  to  such 
agency,  and  the  auditor,  upon  the  applicafion  of  any  pensioner, 
and  proof  being  filed,  as  required  by  the  laws  of  the  United 
States,  sliall  issue  his  warrant  upon  the  treasurer  of  this  state 
for  the  amount  due  such  pensioner  to  the  6th  day  of  May,  1861. 
Sec.  4.  lit  it  further  ordained,  That  immediately  after  the 
passage  of  this  ordinance,  the  auditor  shall  give  notice,  by 
advertisement,  in  at  leastfive  newspapers,  published  in  thisstate, 
of  the  provisions  thereof,  requiring  all  persons  having  claims  of 
the  character  referred  to  in  the  first  section  of  this  ordinance 
to  present  the  same  to  him,  within  ninety  days,  for  examination. 
Sec.  5.  That  no  claimant  shall  be  entitled  to  the  benefit  of 


THE    CONVENTION.  55 


the  provisions  of  this  ordinance,  unless  he  shall  present  his 
claim  within  the  time  prescribed  in  the  foregoing  section. 

Sec.  6.  Be  it  fiirlher  ordained,  That  the  au'^itor  shall  keep  a 
record  of  all  his  preceedings,  under  the  provisions  of  this  ordi- 
nance, as  of  other  official  transactions  and  make  report  of  the 
same  to  the  General  Assembly  of  this  state. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  28th 
day  of  May,  A.  D.  1861. 

DAVID  WALKER,  President  of  the 
Convention  of  the  State  of  Arkansas. 
Attest: 

Eli  AS  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


AN  ORDINANCE  to  provide  revenue  for  the  Slate  of  Arkansas. 

Section  I.  Be  it  ordained  by  the  people  of  the  State  of  Arkan- 
sas in  convention  assembled,  That  all  moneys  in  the  state  trea- 
sury, which  have  been  received  from  the  sale  of  seminary, 
.saline,  internal  improvement  and  swamp  lands,  and  all  other 
public  lands  within  the  state,  and  all  moneys  now  in  the  hands 
of  the  various  land  officers,  and  in  the  various  land  offices 
throughout  the  state,  arising  from  the  sales  of  the  lands  above 
mentioned,  and  all  moneys  which  maj'  hereafter  arise  from  the 
sale  of  the  same,  are  hereby  consolidated  and  appropriated  as 
a  part  of  the  revenue  of  the  state,  to  be  used  for  militaiy  or 
other  state  purposes;  and  all  further  contracts  for  the  reclama- 
tion»of  swamp  lands  by  the  state,  to  be  paid  out  of  the  swamp 
land  fund,  or  o'therwise,  are,herfby  forbidden;  and  all  further 
distribution  to  the  counties,  of  the  moneys  arising  from  the  sales 
of  the  seminary,  saline,  and  internal  improvement  lands,  is 
hereby  forbidden;    Provided,    That  all  contracts  made  by  the 


56  ORDINANCES    OF 


state  for  the  reclamation  of  swamp  lands,  previous  to  the  first 
day  of  May,  A.  D.  18G1,  may  be  discharged  out  of  the  swamp 
land  fund  in  the  manner,  and  under  the  terma  provided  for  by 
existing  laws;  and  that  the  dividend  due  to  counties  from  the 
seminary,  saline  and  internal  improvement  funds,  on  the  first 
dav  of  January,  A.  D.  1861,  may  be  paid  as  heretofore,  and  the 
appropriations  of  portions  of  the  saline  and  seminary  funds, 
heretofore  made  for  the  blind  institute,  shall  not  be  defeated  by 
this  ordinance;  And  ■provided  fiirlhtr,  That  an  account  shall  be 
kept  of  the  receipts  into  the  treasury  from  each  swamp  land 
district,  for  the  purpose  of  future  adjustment  with  said  districts, 
and  that,  in  all  cases,  where  the  state  has  made  any  grant  of 
lands  for  any  specific  purpose,  or  has  set  apart,  or  invested  lands 
for  any  such  purpose,  for  railroads,  reclamation,  or  any  purpose 
of  internal  improvement,  the  proceeds  arising  from  the  sale  of 
said  lands,  as  contemplated  by  this  ordinajice,  shall  constitute 
a  trust  fund,  subject  to  be  appropriated  by  the  General  Assem- 
bly for  such  purpose  and  object,  whenever  peace  may  be 
restored,  and  to  that  end,  the  state  will  account  for  the  same 
with  six  per  centum  interest  thereon,to  be  ocmputed  on  the  respec- 
tive amounts  received  into  the  treasury  down  to  the  close  of  eacli 
fiscal  year. 

Sec.  2.  A  state  tax  for  the  year  1862  shall  be  levied  on  all 
the  objects  of  taxation  enumerated  in  sections  one  and  two  of 
Gould's  Digest,  and  on  all  sums  of  money,  over  and  above  his 
liabilities,  on  hand  at  the  time  of  the  assessment,  amounting  to 
one-third  of  one  per  centum  on  the  assessed  value  thereof,  for 
the  said  year,  and  a  supplemental  tax  of  one-sixth  of  one  per 
centum  shall  be  levied  as  a  state  tax,  on  all  such  objects  of 
taxation,  for  the  year  1861,  and  it  shall  be  the  duty. of  each 
clerk  of  the  county  court  to  issue  his  warrant  to  the  collector 
of  his  county,  commanding  him  to  collect  a  supplemental  tax 
of  one  sixth  of  one  per  centum  on  all  objects  assessed  for  taxa- 
tion, for  state  purposes,  fjr  the  year  1861,  and  such  collector 
shall  colle'ct  and  account  for  the'  same  in  the  manner  now 
required  by  law;  Provided,  That  the  assessors  and  colleatorsof 
revenue  shall  not  be  allowed   any  compensation  for  assessing 


THE    CONVENTION.  57 

or  collecting  the  extra  taxes  authorized  to  be  levied  and  col- 
lected by  this  ordinance. 

Sec.  3.  There  shall  be  immediately  issued,  by  the  treasuer  of 
the  state,  bond?,  to  be  denominated  Arkansas  vyar  bonds,  to  the 
amount  of  two  millions  of  dollars,  for  the  sums  of  five,  ten, 
twenty,  fifty,  one  hundred,  two  hundred,  three  hundred,  four 
hundred  and  five  hundred  dollars  each,  properly  lettered,  num- 
bered and  re^stered,  by  each  of  which  bonds  the  state  shall 
promise  to  pay  the  surn  therein  specified,  to  the  bearer,  at  the 
expiration  of  five  years  from  the  first  day  of  July,  A.  D.  1861, 
with  interest  at  the  rate  of  eight  per  centum  per  annum  from 
the  date  thereof,  with  coupons  attached,  for  the  payment  of 
said  interest.  The  treasurer  shall  keep  a  well  bound  book,  in 
which  he  shall  register  each  sale  of  said  bonds,  the  amount  and 
date  of  each  bond,  and  the  name  of  the  purchaser.  When  the 
said  bonds  are  ready  for  issuance,  the  treasurer  shall  present 
the  same  to  the  auditor,  who  shall  countersign  the  same,  keep 
a  record  thereof,  return  them  to  the  treasurer  and  charge  hira 
with  the  amount  on  the  books  in  the  auditor's  office;  Provided, 
That  the  military  board  shall  have  power  to  direct  the  auditor, 
in  all  cases,  to  draw  warrants  for  specie  or  bonds,  as  they  may 
see  proper. 

Sec.  4.  The  sum  of  one  hundred  and  sixty  thousand  dollars 
annually,  or  so  much  thereof  as  may  be  necessary  to  pay  the 
interest  on  bonds  actually  sold,  out  of  the  revenue  of  the  state, 
is  hereby  appropriated  for  the  payment  of  the  interest  on  the 
bonds,  to  be  issued  as  hereinbefore  provided  for,  which  interest 
shall  be  due  and  payable  on  each  of  said  bonds  at  the  end  of 
every  six  months  from  the  date  thereof,  and  the  coupons  here- 
inbefore mentioned  shall  be  so  arranged  and  printed  as  to  con- 
form to  the  provisions  of  this  section  for  the  payment  of  said 
interest;  and  the  treasurer  shall,  upon  the  payment  of  the  reve- 
nue, each  year,  into  the  state  treasury,  set  apart  and  retain  a 
suflicient  sum  out  of  said  revenue,  to  be  devoted  and  appro- 
priated solely  to  the  payment  of  the  interest  on  such  of  said 
bonds  as  may  have  been  negotiated,  which  interest  shall  be 
made  payable  at  the  state  treasury. 


58  ORDINANCES    OF 

Sec.  5.  The  bonds  hereinbefore  provided  for  shall  be  offered 
for  sale  h}^  the  treasurer,  and  he  shall  publish  proposals  for  the 
Bale  of  said  bonds,  to  be  made  at  his  office,  and  such  other 
places  as  he  may  designate  in  said  proposals;  and  all  funds 
arising  from  the  sale  of  said  bonds  shall  constitute  a  part  of 
the  revenue  of  the  state  for  military  and  other  state  purposes. 

Sec.  G.  The  failh  of  the  State  of  Arkansas,  and  all  the  pub- 
lic lands  thereof,  are  hereby  pledged  for  the  .payment  and 
redemption  of  said  bonds. 

Sec.  7.  When  there  ai'e  not  such  sufficient  par  funds  in  the 
treasury  to  pay  any  warrant  drawn  by  the  auditor,  (without 
disturbing  the  amount  set  apart  to  discharge  the  interest  on  the 
said  war  bonds,)  it  shall  be  the  duty  of  the  treasurer  to  isswe  to 
to  the  holder  of  such  warrant,  a  treasury  warrant  for  the  amount 
due,  bearing  interest  at  the  rate  of  eight  per  centum  per 
annum,  from  the  date  of  the  same,  and  payable  to  the  person 
entitled  to  such  warrant,  or  to  bearer. 

Sec.  8.  The  treasurer  shall  keep  a  register,  in  a  well  bound 
book,  of  all  warrants  issued  by  him,  and  shall  issue  such  war- 
rants in  such  form,  and  with  oUch  devices,  as  may  be  best  cal- 
culated to  prevent  frauds  upon  the  treasury,  vi'hich  warrants 
shall  be  dated  and  numbered,  and  paid  according  to  their  date 
and  number.  No  warrant  ol  a  later  date  shall  be  paid  until 
all  of  a  prior  date  and  number  shall  have  been  paid,  unless 
when  there  may  be  funds  enough  in  the  treasury  to  pay  all  of 
a  prior  date  and  number,  and  when  such  ma}''  be  the  case,  it 
shall  be  the  duty  of  the  treasurer,  especially  to  set  apart  a 
sufficient  fund  to  pay  all  warrants  of  a  prior  date  and  number 
which  are  unpresented,  and  apply  the  residue  of  the  funds  on 
hand  to  the  payment  of  those  presented  in  their  regular  order 
of  date  and  number;  Provided,  hoioever,  That  such  warrants 
shall,  at  all  times,  be  receivable  from  collectors  and  receivers 
of  state  revenue,  without  regard  to  date  or  number. 

Sec.  y.  No  sum  due  from  the  state,  except  interest  upon  the 
bonds  authorized  by  this  ordinance,  shall  be  paid  from  the 
treasury,  in  par  funds  whilst  there  are  any  outstanding  and 
unpaid  treasury  warrants,  or  scrip,  unless  when  there  may  be 


THE    CONVENTION.  59 

funds  enough  in  the  treasury  to  pay  all  outstanding  warrants, 
which  shall  be  set  apart  for  that  purpose,  and  the  residue  on 
hand  applied  to  the  payment  of  such  dues. 

Sec.  10.  The  bonds  so  authorized  to  be  issued,  with  coupons 
attached  to  the  same,  and  treasury  warrants  with  interest  due 
thereon,  shall  be  receivable,  at  par,  in  payments  of  debts  due 
to  the  Bank  of  the  State  of  Arkansas,  and  Real  Estate  Bank 
of  the  State  of  Arkansas;  in  payments  lor  any  debt  due  to  the 
state,  either  in  her  own  right  or  as  trustee;  in  payment  for  the 
purchase  of  any  lands  belonging  to  the  state,  and  in  payment 
of  state  revenue. 

Sec.  11.  Every  collector  of  revenue,  and  other  agent  for  the 
securing  of  moneys  for  the  state,  shall  pay  into  the  state  treas- 
ury the  precise  funds  which  he  shall  receive  or  collect,  whether 
it  be  in  treasury  warrants,  bonds,  coupons,  or  coin;  and  every 
such  collector  and  agent,  and  every  bank  officer  shall  indorse 
on  each  treasury  warrant,  bond  and  coupon,  Avhich  he  shall 
receive,  in  accordance  with  the  provisions  of  this  ordinance, 
the  name  of  the  person  from  whom  he  received  the  same,  and 
the  date  upon  which  he  received  it;  from  the  date  of  which 
indorsement  such  bond  or  treasury  warrant,  as  the  case  may  be, 
shall  cease  to  bear  interest;  and  every  such  agent,  collector,  or 
bank  officer,  who  shall  purchase,  either  directly  or  indirectly, 
any  of  such  bonds,  warrants  or  coupons,  with  any  money, 
coin,  or  other  funds,  received  by  him  for  the  state,  or  either  of 
said  banks,  shall  be  deemed  guilty  of  a  high  misdemeanor,  for 
each  purchase  so  made,  and  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  less  than  one  thousand  dollars;  and  every 
such  collector,  agent,  or  bank  officer,  who  shall  fail  to  indorse 
the  date  of  receiving,  and  the  name  of  the  person  from  whom 
he  received  any  such  bond,  warrant,  or  coupon,  as  hereinbefore 
provided,  shall,  for  each  such  failure,  be  deemed  guilty  of  a 
high  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  fifty  dollars. 

Sec.  12.  It  shall  be  the  duty  of  the  treasurer  immediately  to 
cancel  all  bonds,  coupons  and  warrants,  which  may  be  paid 
into  the  treasury  by  collectors,  or  receivers  of  state   funds,  or 


60  ORDINA^'CES    OF 


which  may  be  redeemed  by  him  with  coin;  and  no  bond,  war- 
rant, or  coupon,  shall  be  re-issued  by  the  treasurer. 

Sec.  13.  All  the  laws  of  the  State  of  Arkansas,  relating  to 
the  counterfeiting  and  uttering  counterfeit  bank  notes,  and  to 
falsely  issuing  bonds  and  warrants  of  the  state,  shall  apply  to 
the  counterfeiting  and  uttering  counterfeits  of  such  bonds, 
coupons  and  warrants. 

Sec.  14.  A  sufficient  sum  of  money  is  hereby  appropriated 
out  of  any  moneys  in  the  treasury,  not  otherwise  appropriated, 
to  pay  the  expense  of  preparing  and  printing  said  bonds, 
coupons  and  treasury  warrants. 

Sec.  15.  As  said  bonds,  hereinbefore  provided  for,  shall 
return  into  the  treasury,  others,  due  at  the  same  time  for  the 
same  amounts,  and  bearing  the  same  interest  as  those  returned 
may  be  issued  in  their  places,  until  the  expiration  of  three 
years  from  the  passage  of  this  ordinance;  after  which  time  they 
shall  be  redeemable  at  the  pleasure  of  the  state,  and  shall 
cease  to  bear  interest  after  they  are  called  in  by  the  treasurer 
for  redemption. 

Sec.  16.  This  ordinance  shall  continue  in  force  from  its 
adoption  until  repealed  by  this  convention,  or  the  General 
Assembly  of  this  state. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  28th 
day  of  May,  A.  D.  1861. 

DAVID  WALKER,  President  of  the 
Convention  of  the  State  of  Arkansas. 
Attest: 

Eli  AS  C.  BouDiNOT,  Secretary 

of  the  Arkansas  State  Convention. 


THE    CONVENTION.  61 

AlSi  ORDINANCE— Providing  for   special    sessions   of  conn ht 

courts. 

Be  it  ordained  by  tlie  people  of  the  State  of  Arkansas,  in 
convention  assembled,  That  it  shall  be  lawful  for  the  county 
court  of  any  county  in  this  state,  upon  the  call  of  the  presiding 
judge  of  said  court,  at  such  time  as  he  may  appoint,  to  hold  a 
special  session  of  said  court,  with  power  to  transact  any  and 
all  business  which  may  come  before  it,  and  within  the  scope  of 
its  jurisdiction. 

Adopted,  and  passed  in  and  by  the  convention,  May  29th,  A. 
D.  1861. 

DAVID  WALKER,  President  of  the 
Convention  of  the  Slate  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  State  Convention  of  Arkansas. 


•k 


AN  ORDINANCE— To  postpone  the  time  of  the  sale  of  the  lands 
in  the  Fort   Wayne  reserve. 

Be  it  ordained  by  the  people  of  the  Slate  of  Arkansas,  in 
convention  assembled,  That  the  lands  of  the  Fort  Wayne  reserve 
shall  not  be  offered  for  sale  until  the  first  Monday  of  October 
next;  after  sixty  days  notice  of  the  same. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  30lh 
day  of  May,  A.  D.  1861. 

DAVID  WALKER,  President  of  the 

State  Convention  of  Arkansas. 
Attest: 

EuAs  C.  Boudinot  Secretary 

of  the  Arkansas  State  Convention. 


62  ORDINANCES    OP 


AN  ORDINANCE — Supplementary  to  an  ordinance  entitled  ^^An 
ordinance  to  pj-ovide  revenue  for  the   State  of  Arkansas. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas,  in 
cnnventio'n  asscinbhd,  That  the  ordinance  entitled,  "  Aw  ordi- 
nance to  provide  revenue  for  the  State  of  Arkansas,"  adopted 
May  29th,  1801,  shall  not  be  so  construed  as  that  said  oi-dinance. 
shall,  in  any  manner,  conflict  with  the  first , section  of  an.  ordi- 
nance, entitled,  "  An  ordinance  to  provide  for  the  payment  of 
debts  due  from  the  government  of  the  United  "States  to  citizens 
of  the  State  of  Arkansas,  out  of  moneys  seized  from  the  United 
States,  by  the  State  of  Arkansas;"  but  the  moneys  in  the  hands 
of  the  vari<)us  land  officers  in  the  State  of  Arkansas,  apprb- 
.priated  by  the  ordinance  last  aforesaid,  shall  not  be  included  in 
the  moneys  appropriated  as  a  part  of  the  revenue  of  the  state, 
by  the  ordinance  to  which  this  ordinance  is  supplemental. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  30th 
day  of  May,  A.  D.  1861.      . 

DAVID  WALKER,  President  of  the 

State  Convention  of  Arkansas. 
Attest: 

Elias  C.  BouDiNOT,  Secretary  • 

of  the  Arkansas  State  Convention. 


AN    ORDINANCE — To  prevent   aid  and   comfort  from  being 
given  to  the  enemy. 

Whereas,  War  exists  between  the  Confederate  States  of 
America  and  the  United  States  of  America,  by  the  act  of  the 
latter;  Now  therefore,  the  people  of  the  State  of  Arkansas,  in 
convention  assembled,  do  ordain: 


THE    CONVENTION.  63 

Section  1 .  That  every  citizen  of  any  one  of  the  said  United 
States  of  America,  is,  and  henceforward  shall  be  taken  and 
regarded  as  an  alien  enemy  of  the  people  of  the  State  of 
Arkansas,  so  long  as  the  state  whereof  he  is  a  citizen,  shall 
continue  to  be  one  of  said  United  States,  or  at  war  with  said 
Confederate  States;  and  all  the  consequences  and  incidents  of 
such  status  of  alien  enemy  shall,  during  the  whole  of  such  time, 
attach  to  him  or  her;  and  the  same  law  and  rule  shall  apply  to 
all  residents  of  the  District  of  Columbia  and  of  any  territory 
of  the  United  States,  so  long  as  such  district  or  territory  shall 
continue  to  be  held  and  occupied  by  the  said  United  Stdtes, 
until  said  war  shall  cease. 

Sec.  2.  Any  citizen  of  this  state,  or  person  resident  herein, 
Avho  shall,  after  the  adoption  of  this  ordinance,  pay  or  remit  to 
any  alien  enemy,  in  discharge  of  a  debt  or  otherwise,  any 
moneys  or  other  thing  of  value,  whatever,  or  shall  place  the 
same  in  the  hands  of  another,  to  be  so  paid  or  remiitcd,  and 
any  attorney  at  law,  or  other  person,  who  shall  collect,  or 
receive  from  any  person  in  this  state,  any  moneys  or  other 
thing  of  value,  for  any  alien  enemy,  or  on  account  of  a  debt 
due  any  alien  enemy,  or  shall  take  and  receive  in  trust,  by,  or 
without  conveyance,  any  property  or  moneys,  whatever,  for 
any  alien  enemy,  and  shall  pay  or  deliver  the  same  to  such 
alien  enemy,  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  of  giving  aid  and  comfort  to  the  enemy:  and  being  convic- 
ted thereof,  upon  indictment  in  the  proper  court,  shall  be  im- 
prisoned in  the  jail  and  penitentiary  bouse  of  the  state,  not  less 
tlian  one  nor  more  than  five  years,  and  pay  to  the  state,  for  the 
use  of  the  military  chest,  a  fine,  equal  to  the  amount  so 
received  for.  or  paid  over  to  the  enemy.  And  these  provisions 
shall  apply  to  all  attorneys  at  law,  who  permit  such  moneys  to 
be  collected  by  or  upon  execution  issued,  or  jifdgment  obtained 
in  the  name  of,  or  for  the  use  of  any  alien  enemy;  Provided, 
That  this  section  of  this  ordinance  shall  not  take  effect  until 
after  the  lapse  of  twenty  days  from  the  passage  of  thi.-<  ordi- 
nance, except  where  the  party  so  acting-  shall  have  actual 
notice  hereof  at  an  earlier  period;  And  'provided  furtkcr,  That 


64  ORDINANCES    OF 


all  motie^'s  or  property,  of  any  kind  soever,  now  belonging  to, 
or  in  any  manner  connected  with,  or  which  may  hereafter 
belong  to,  or  be,  in  any  manner,  connected  with  the  American 
Bible  Society,  be,  a^nd  the  same  are  hereby  exempted  from  the 
provisions  of  this  ordinance  in  as  full  and  complete  a  manner 
as  if  the  same  had  not  been  adopted,  and  all  citizens  of  the 
State  of  Arkansas,  acting  as  agents  of  said  society  within  the 
state  shall  be  allswed  to  continue  the  distribution  of  the  bible 
in  said  state,  free  from  any  molestation  or  restriction. 

Sec.  3.  Every  suit  now  pending  in  this  state  in  any  form  of 
action  for  the  recovery  of  moneys,  the  plaintiffs  or  either  of  the 
plaintiffs  in  which,  or  the  person  for  whose  use  the  suit  is  brought, 
either  actually  or  upon  the  record,  or  in  secret  trust,  is  an  alien 
enemy,  shall  be  suspended  and  stand  continued  until  the  dis- 
ability of  such  plaintiff  or  person  is  removed,  and  every  execu- 
tion issued  on  any  judgment  obtained  by,  or /or  the  use  of  any 
such  person  or  persons,  shall  be  and  is  ordered  to  be  returned; 
such  suit  shall  be  ordered  to  stand  continued  upon  motion  and 
proof  of  the  disability  of  the  plaintiff  or  benehciary  in  each 
and  every  such  suit  summarily  heard;  and  such  execution  may 
be  returned,  on  motion  made  in  vacation  before  the  judge  of 
the  court,  who  shall  hear  such  proof  at  chambers,  and  summa- 
rily dispose  of  such  motion;  the  attorneys  or  counsel  of  the 
plaintiffs  may  be  summoned  and  required  to  testify  fully  upon 
such  motions,  without  regard  to  any  privilege  whatever;  and 
there  shall  be  no  formal  pleadings,  issue  or  trial. 

Sec.  4.  It  is  hereby  made  the  duty  of  every  such  attorney  at 
law,  forthwith  to  cause  every  ruch  execution  to  be  returned, 
and  to  continue  or  dismiss  every  such  suit. 

Sec.  5.  All  sales,  or  contracts  for  sales,  of  any  lands  holden 
in  this  state,  by  any  citizen  or  citizens,  corporation  or  company, 
resident,  or  being  in,  or  citizens  of  any  ©•ne  or  more  of  sail 
United  States,  or  the  territories  thereof,  and  any  and  all  bond 
or  bonds,  or  other  assurances,  or  agreements,  or  contracts,  for 
title  to  any  such  lands,  made,  executed  or  agreed  to,  subsequent 
to  the  sixth  day  of  May,  A.  D.,  1861,  and  during  the  disability 
aforesaid,  are  hereby  declared  to  be  utterly  and  absolutely  void 


THE    CONVENTION.  65 


and  of  no  effect,  and  all  the  courts  of  this  state  shall  so  hold 
and  consider  the  same. 

Sec.  G.  This  ordinance  shall  not  apply  and  have  effect  as  to 
citizens  of  the  states  of  Delaware,  Maryland,  Kentucky,  North 
Carolina  or  Missouri,  or  of  the  Indian  nations  on  our  frontiers. 
or  the  territories  of  Arizona  and  New  Mexico. 

Sfift  7.  All  persons,  firms  or  corporations  within  this  state, 
who  are  now  indebted  to  citizens  or  corporations  of  any  of  the 
United  States  or  territories  thereof,  or  the  district  of  Columbia, 
except  the  states  and  territories  named  in  the  preceding  section 
of  this  ordinance,  shall  pay  the  amount  of  their  indebtedness 
to  the  treasurer  of  this  state,  subject  to  the  same  stay  as  other 
debts  of  the  same  character,  who  shall  execute  a  receipt  there- 
for, to  the  person,  firm  or  corporation  making  such  payment: 
and  the  faith  of  the  state  is  hereby  pledged  to  hold  them  harm- 
ess  against  the  claims  or  demands  of  the  persons  or  corpora- 
rations  to  whom  the  moneys  so  paid  may  be  due. 

Sec.  8.  In  case  a  claim  shall  be  due  to  plaintiffs,  one  or 
more  of  whom  shall  be  alien  enemies,  and  one  or  more  of 
whom  shall  not  be  alien  enemies,  a  suit  may  be  brought  in  the 
name  of  the  citizen,  or  alien  friend,  for  so  much  as  shall  be  due 
him,  and  it  shall  be  sufficient  for  th^  plaintiff"  to  aver  that  the 
other  claimant  is  an  alien  enemy;  and  the  courts  may  order 
an  execution  for  a  portion  of  any  judgment,  where  it  shall 
appear  that  such  portion  is  due  to  a  person  authorized  to  sue. 

Sec.  9.  All  debts  or  accounts  hereafter  contracted  by  any  of 
our  citizens  for  arms,  munitions  of  war,  or  provisions,  with  citi- 
zens of  rinn-slaveholding  states,  shall  be  held  good  in  law  and 
equity  as  heretofore. 

Sec.  10.  All  moneys  received  in  the  state  treasury  from  the 
citizens  of  this  state,  under  the  operations  of  this  ordinance 
who  are  indebted  to  citizens  of  the  United  States,  shall  be 
accounted  for  and  paid  to  sucli  creditors  by  this  state,  upon  a 
final  adjustment  of  pending  difficulties  between  the  Confeder- 
ate States  and  the  United  States,  under  the  terms  of  any  treaty 
of  peace   that   may  be    negotiated  between   the   Confederate 


States  and  the  United  States. 
5 


66  ORDINANCES    OF 


Sec.  11.  This  ordinance  may  be  repealed  in  whole  or  in  part 
by  the  General  Assembly,  at  any  regular  session  thereof. 

Adopted  and  passed  in  and  by  the  convention,  on  the  30th 
day  of  May,  A.  D.,  18G1. 

DAVID  WALKER,  Presided 

of  the  Arkansas  Slate  Convention. 
Attest:  # 

Eli  AS  C.  Boudinot,  Secretary 

of  the  Convention. 


AN  ORDINANCE  to  provide  for  the   relief  of  the  families  of 
volunteers  in  actual  service,  in  certain  cases . 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkansas 
in  convention  assembled,  Th^t  the  county  courts  of  this  state  be, 
and  they  are  hereby  empowered  to  set  apart  and  appropriate 
as  a  fund  for  the  relief  and  support  of  the  families  of  volun- 
teers while  in  actual  service,  when  from  affliction  or  indigence 
such  relief  may  be  necessary,  so  much  of  the  special  tax  which 
the  said  courts  are  authorized  to  levy  by  an  ordinance  adopted 
by  this  convention  on  the  eleventh  day  of  May,  A.  D.,  1861, 
entitled  "  an  ordinance  to  levy  a  tax  for  military  and  other 
purposes,"  as  in  the  judgment  of  either  of  said  courts  may  be 
necessary  to  constitute  the  relief  fund  herein  contemplated; 
Provided,  That  the  fund  raised  and  appropriated  shall,  in  all 
cases,  be  expended  for  the  benefit  of  families  of  volunteers 
residing  in  the  county  where  the  same  is  raised;  and  the  col- 
lector of  revenue  shall  receive  no  compensation  for  collecting 
the  tax  provided  for  by  said  ordinance  above  referred  to. 

Sec.  2.  Be  it  Jurther  ordained,  That  the  county  courts  be 


THE    CONVENTION.  (57 


authorized  to  issue  county  scrip,  anticipating  the  tax  necessary 
to  effect  the  objects  of  the  preceding  section. 

Sec.  3.  Be  itfurlhtr  ordained,  That  the  county  courts  of  this 
state  be,  and  they  are  hereby  authorized  and  empowered  to 
appoint  and  raise  semi-annually,  a  home  guard  of  minute  men 
whose  term  of  service  shall  be  for  three  months  in  their  respect- 
ive limits,  to  consist  of  companies  of  not  less  than  ten  for  each 
township,  vi'hose  officers,  when  elected  by  the  companies  respect- 
ively, shall  be  commissioned  by  the  county  courts,  and  whose 
duty  it  shall  be  to  see  that  all  slaves  are  disarmed,  to  prevent 
the  assemblage  of  slaves  in  unusual  numbers,  to  keep  the  slave 
population  in  proper  subjection,  and  to  see  that  peace  and  order 
are  observed;  and  said  guard  are  authorized  to  arrest  all  sus- 
pected persons,  and  bring  them  before  some  justice  of  the 
peace,  without  warrant  for  trial  by  the  civil  authorities;  the 
home  guard  of  minute  men  shall  be  armed  and  equipped  by 
each  county,  at  its  own  expense,  out  of  the  tax  provided  for 
by  said  ordinance,  "to  levy  a  tax  for  military  and  other  purposes," 
and  compensation  may  be  made  to  said  guard  out  of  said  tax, 
[f,  in  the  discretion  of  the  county  court,  such  compensation 
should  be  made.  The  home  guard  shall  assemble  in  their 
respective  township^  to  take  precautionary  measures  at  least 
once  in  each  week,  at  the  call  of  the  commanding  officer,  and 
shall  be  momentarily  ready  for  service  at  his  call;  persons 
engaged  in  this  branch  of  duty  shall,  upon  failure  to  obey  t^e 
call  to  duty  by  the  commander,  forfeit  not  lees  than  one  dollar 
nor  more  than  five  dollars  for  each  offence,  to  be  collected  in 
the  name  of  the  presiding  judge  of  the  county  court,  before 
any  justice  of  the  peace,  to  be  applied  by  the  county  court  in 
defraying  the  expenses  of  this  branch  of  the  public  service, 
unless  it  shall  be  shown  that  such  fail;\re  was  the  result  of 
sickness  or  other  good  cause.  A  general  commander  shall  be 
appointed  for  each  county  by  the  several  county  courts,  whose 
duty  it  shall  be,  when  necessary,  to  take  charge  of  all  the  home 
guard  minute  men  in  his  county  and  direct  their  operations; 
and  the  county  court  is  authorized  to  issue  county  bonds  or 


68  ORDINANCES    OF 


scrip,  for  the  purpose  of  raising  money  immediately  to  meet 
the  expenses  contemplated  by  this  section. 

Sec.  4.  Be  it  furlhcr  ordained,  That  this  ordinance  shall  be 
repealable  by  the  General  Assembly  of  this  state,  and  this 
ordinance  shall  be  in  force  from  and  after  its  adoption. 

Adopted  and  passed  in  and  by  the  convention,  on  the  30th 
day  of  May,  A.  D.,  1861. 

DAVID  WALKER,  President 

of  the  Arkansas  State  Convention, 

Attest: 

Eli  AS  C.  Boudinot,  Secretary 

of  the  Convention. 


AN  ORDINANCE  a-ppropriating  a  sum  of  money. 

Be  it  ordained  hy  the  people  of  the  State  of  Arkansas  in 
Convention  assembled,  That  the  sum  of  five  thousand  dollars 
be,  and  the  same  is  hereby  appropriated  to  General  Thomas 
n.  .Bradley,  out  of  any  money  now  in  the  treasury,  it 
being  for  money  advanced  to  General  James  Yell,  for  the 
Arkansas  troops  opposite  Memphis,  if  he  has  not  retained  such 
.sum  so  advanced  out  of  the  ten  thousand  dollars  heretofore 
appropriated;  if  he  has, .the  said  five  thousand  dollars  shall  be 
placed  in  the  military  chest  of  the  aecond  (division  of  Arkansas 
volunteers. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.  D.  18G1. 

DAVID  WALKER,  President 

of  the  State  Convention  of  Arkansas, 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention, 


THE    CONVENTION.      .  69 

AN  ORDINANCE    In  rdation  to  -proceedings  ptnding   in  the, 
courts  of  the  United   States. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  conven- 
tion assembled,  That  all  proceedings  pending  in  the  late  courts 
«f  the  United  States,  in  this  state,  shall  be  transferred  to  the 
courts  of  the  Confederate  States,  in  the  same  manner  as  though 
the  proceedings  had  been  commenced  in  the  said  courts  of  the 
Confederate  States,  and  said  courts  shall  have  power  to  deter- 
mine and  dispose  of  said  proceedings,  and  enforce  the  judg- 
ments and  decrees  rendered  in  said  United  States  courts. 

Be  it  further,  ordained,  That  cases  pending  in  the  supreme 
court  of  the  United  States  from  this  state,  if  they  shall  be  here- 
after determined,  the  adjudication  shall  be  enforced. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 

of  the  State  Convention  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


AN  ORDINANCE    concerning   revenue. 

Be  it  ordained  by  the  people  of  ike  State  of  Arkansas  in  conven- 
tion assembled: 

Section  1.  That  the  collectors  of  the  public  revenue  shall 
not  receive  from  any  person  more  than  two-thirds  of  the  tax, 
or  revenue,  due  from  such  person  to  the  state,  in  state  bonds, 
coupons  or  treasury  warrants.  And  the  other  third  part  of  the 
taxes,  or  revenue  due  from  such  person,  shall,  in  every  instance. 


70  ORDINANCES    OF 


be  paid  in  coin,  notwithstanding  such  person  may  have  in  his 
possession,  and  tender  in  payment,  bonds,  coupons  or  ^^scrip; 
Provided,  That  tax-payers  shall  have  the  right  to  pay  the  amount 
required  to  be  paid  in  coin,  in  over-due  coupons  that  may  be 
redeemable  for  the  year  that  the  taxes  are  due. 

Be  it  furl// er  ordaintd,  That  every  sheriff"  or  other  collector 
of  taxes  for  the  State  of  Arkansas,  who  has  not  paid  into  the 
state  treasury  the  revenue  due  the  state  for  the  year  1860,  from 
the  county  for  which  he  is  collector,  shall  collect  and  pay  the 
same,  or  such  part  thereof  as  remains  unpaid,  into  the  treasury 
in  coin. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.  D.   1861. 

DAVID  WALKER,  President 

of  the  State  Convention  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  Stale  Convention. 


AN  ORDINANCE  attaching  a  part  of  the  county   of  Sebastian 
to  the  counties  of  Scott  and  Polk.. 

Beit  ordained  by  the pcopJt  of  the  State  of  Arkansas,  in  con- 
vention assembled: 

Section  1.  That  all  that  part  of  Sebastian  county  lying  south 
of  the  Poteau  IMountain,  and  taken  from  the  county  of  Scott 
for  the  purpo.'se  of  creating  the  county  of  Sebastian,  be,  and  is, 
hereby  attached  to  and  made  a  part  of  the  county  of  Scott. 

Sec.  2  Be  it  further  ordained,  That  all  that  part  of  Polk 
county  which  was  taken  by  an  act  of  the  General  Assembly  in 
the  creation  of  Sebastian  county,  be,  and  is,  hereby  attached 
to  and  made  a  part  of  the  said  county  of  Polk. 


THE   CONVENTION.  71 


Sec.  3.  Be  it  further  ordained,  That  nothing  in  this  ordinance 
shall  be#60  construed  as  to  effect  any  suit  now  pending  in  any 
court  of  justice,  or  the  collection  of  revenue  in  the  counties 
herein  named. 

Sec.  4.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  its  adoption. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 

oj  the  Convention  of  the  State  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


AN  ORDINANCE  for  the  relief  of  Richard  H.  Thompson,  as 
sheri^  and  collector  of  the  comity  of  Jefferson;  James  C.  Dren- 
nen,  as  sheriff  and  collector  of  the  county  of  Columbia;  James 
Norris,  as  the  sheriff  and  collector  of  the  county  of  Ashley; 
Robert  Sewel,  as  sherif  and  collector  of  the  county  of  Union; 
and  W.  A.  Alexander,  as  sheriff  and  collector  of  the  county  of 
Hempstead. 

Whereas,  Richard  H.  Thompson,  as  sheriff  and  collector  of 
the  county  of  Jefferson;  James  C.  Drennen,  as  sheriff  and  col- 
lector of  the  county  of  Columbia;  James  Norris,  as  the  sheriff 
and  collector  of  the  county  of  Ashley;  Robert  Sewel,  as  the 
sheriff  and  collector  of  the  county  of  Union;  and  W.  A.  Alex- 
ander, as  sheriff  and  collector  of  the  county  of  Hempstead, 
have  not,  as  yet,  fuliy  paid  into  the  treasury  of  the  State  of 
Arkansas,  the  taxes  due  from  said  counties  to  the  State  of 
Arkansas  for  the  year  18G0,  as  they  were  required  to  do  by 


72  ORDINANCES    OF. 


law;  And  whereas,  this  convention  is  satisfied  that  said  default 
so  made  by  the  said  sheriffs  and  collectors  abova  named, 
respectively,  was  not  so  made  with  any  view  of  defrauding  the 
state,  but  was  caused  by  the  stringency  of  the  times  and  the 
existence  of  the  present  war;  therefore, 

Bt  it  ordained  by  the  people  of  the  Stale  of  Arkansas  in  con- 
vention assembled,  That  the  governor  of  the  State  of  Arkansas 
is  hereby  authorized,  empowered  and  instructed  to  release  such 
of  the  above  named  sheriffs  and  collectors  from  the  penalty 
now  prescribed  against  them  by  law  for  such  default,  who  shall, 
within  sixty  days  from  the  adoption  of  this  ordinance,  pay  into 
the  state  treasury  the  full  amount  of  the  taxes  due  from  the 
said  counties  of  Jefferson,  Columbia,  Ashley,  Union  and  Hemp- 
stead, respectively,  for  the  year  1860,  and  produce  to  the 
governor  the  legal  vouchers  of  such  payments;  Provided,  That 
neither  of  the  said  sheriffs  and  collectors,  who  shall  fail  to  pay 
the  full  amount  of  taxes  due  to  the  state  from  the  county  of 
which  he  is  sheriff  and  collector  as  aforesaid,  for  the  year  1860, 
into  the  state  treasury  within  sixty  days  from  the  date  of  the 
adoption  of  this  ordinance,  shall  be,  nor  shall  either  of  his 
securities  be,  in  any  wise,  released  by  this  ordinance,  or  by  any 
authority  given  under  this  ordinance,  from  any  penalty  which 
has  or  may  accrue  against  him  on  account  of  such  default  or 
otherwise. 

Adopted  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 
of  the   Convention  of  the  State  of  Arkansas. 
Attest: 

Eli  AS  C.  BouDiNOT,  Secretary 

of  the  Arkansas  State  Convention. 


THE  CONVENTION.  73 

AN  ORDINANCE  to  aid  the   Military   Board. 

Be  it  ordained  bt/  the  people  of  the  Slate  oj  Arkansas  in  con- 
vention assembled,  That  the  military  Board  of  this  state  are  hereby 
authorized  and  they  shall  have  the  power  to  appoint  all  agents 
which  shall  be  deemed  necessary  to  carry  into  execution  the 
powers  heretofore  conferred  upon  them,  and  to  compensate 
such  agents  for  such  services  as  may  be  rendered. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.D.  18G1. 

DAVID  WALKER,  President  oJ  the 

Slate  Convention   of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State   Convention. 


AN  ORDINANCE   to  restore    in  part    the  militia    law   of  this 

Slate. 

Sectioit  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkansas 
in  convention  assembled,  That  the  ordinance  passed  by  this 
convention,  entitled  "  an  ordinance  to  suspend  the  operation 
of  an  act  of  the  General  Assembly,  entitled  '  an  act  amenda- 
tory of  the  militia  laws  of  Arkansas,'  approved  the  lilst  of 
January,  1861,"  be,  and  the  same  is,  hereby  repealed. 

Sec.  2.  Be  it  further  ordained.  That  the  act  of  the  General 
Assembly  mentioned  in  the  first  section  of  this  ordinance,  be, 
and  the  same  is,  hereby  declared  to  be  in  full  force  and  effect; 
Provided,  That  nothing  in  said  act  of  the  General  Assembly, 
or  this  ordinance,  shall  be  so  construed  as  to  authorize  militia 
officers  or  privates  to  draw  any  pay  from  the  treasury  of  this 
state  unless  such  officers  or  privates  shall  have  been  called  into 


74  ORDINANCES  OP 


the  actual  service  of  this  state  by  order  of  the  military  board, 
nor  shall  any  mone}'  be  paid  out  of  the  treasury  under  the  act 
aforesaid  except  by  order  of  the  military  board. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 

of  the  State    Convention  of  Arkansas. 
Attest: 

'  Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  Stale  Convention. 


AN    ORDINANCE— /«    relation     to    the    chief  justice  of  the 

supreme  court. 

Be  it  ordained  hy  the  people  of  the  Slate  of  Arkajisas  in  Conven- 
tion assembled,  That,  that  portion  of  the  constitution  adopted  by 
this  convention,  providing  that  the  judge  of  the  supreme  court, 
holding  under  the  oldest  commission,  should  be  chief  justice, 
shall  not  be  so  construed  as  to  change  the  relations  of  the 
present  incumbents,  during  their  present  terms  of  office. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  1st 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 

of  the  State  Convention  of  Arkansas. 
Attest: 

EuAS  C    Boudinot,  Secretary  of 

the  Arkansas  Slate  Convention. 


THE    CONVENTION.  75 

i        : ■  -  ^  — 

AN  ORDINANCE — To    authorize  the  people    of   the  county  of 
Jackson  to  create   a  new   county    out   of  its  present  li?nits. 

Section  1.  Be  it,  and  it  is  hereby  ordained  by  the  people  of  the 
State  of  Arkansas  in  convention  assembled,  That  it  shall  be  law- 
ful for  the  people  of  the  county  of  Jackson,  in  the  State  of 
Arkansas,  at  any  time  hereafter,  when  they  may  see  proper  to 
do  so,  to  create  a  new  county  out  of,  and  within  the  present 
limits  of  said  county,  including  any  other  territory  that  may 
hereafter  be  acquired  by  said  county. 

Sec.  2.  Before  any  new  county  shall  be  constituted,  it  shall 
be  determined  by  a  majority  of  the  voters  of  said  county,  to  be 
taken  under  orders  of  the  several  county  courts  of  said  county. 

Sec.  3.  If  it  shall  be  determined  by  such  vote  that  a  new 
county  may  be  established,  then  it  shall  be  lawful  for  said 
county,  by  order  of  the  several  county  courts  therein,  to  elect 
five  commissioners,  who  shall  have  full  power  and  authority  to 
define  the  boundaries  of  such  new  county,  which  election  shall 
be  governed  by  the  same  rule  and  regulations  now  provided  by 
law  for  holding  the  general  elections  of  the  state. 

Sec.  4.  Such  new  county,  when  so  established,  shall  be  enti- 
tled to  the  same  representation  in  the  General  Assembly  of  this 
state  as  other  counties  are  now  entitled  to,  according  to  the 
ratio  of  representation  now  existing,  and  be  subject  to  any 
changes  that  may  hereafter  be  made  bylhe  General  Assembly. 

Sec.  5.  After  such  new  county  shall  be  established,  as  here- 
inbefore provided,  the  qualified  voters  of  said  new  county  may 
elect  three  commissioners,  who  shall  have  full  power  to  locate 
a  permancnii  county  seat,  of  said  new  county,  and  to  do  all 
other  acts  which  may  be  necessary  to  be  done  to  a  complete 
organization  of  sucb  new  county;  Provided,  That  said  election 
may  be  conducted,  in  all  things,  according  to  the  law  of  hold- 
ing general  elections  in  this  state. 

Sec.  6.  This  ordinance  shall  be  in  force  from  and  alter  its 
adoption,  and  all  laws  by  way  of  ordinance,  or  otherwise,  in 
conflict  herewith,  shall  be  null  and  void. 


76  ORDINANCES    OF 


Adopted  and  passed  in  and  by  the  convention,   on  the  lat 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 
of  the  Convention  of  the  Slate  of  Arkansas. 


Attest: 


Elias  C.   Boudinot,  Secretary 

of  the  Arkansas  Stale  Convention. 


AN  ORDINANCE — Supplementary  to  an  ordinance  entitled  '■^An 
ordinance  to  authorize  the  people  of  the  county  of  Jackson  to 
create  a  new  county  out  of  its  present  limits.''^ 

Be  it  ordained  by  the  people  of  the  Stale  of  Arkansas  in  con- 
ventinn  assembled,  That  the  provisions  of  the  ordinance,  enti- 
tled "  An  ordinance  to  authorize  the  people  of  the  county  of 
Jackson  to  create  a  new  county  out  of  its  present  limits,"  shall 
apply  to  the  people  of  the  counties  of  Johnson,  Lafayette  and 
Sevier  counties. 

Adopted  and  passed  in  and  by  the  convention,  on  the 
1st  day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 
of  the  Convention  of  the  Stale  oj  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 

« 


THE    CONVENTION.  77 

AN  ORDINANCE — lu  relation  to  the  army  and  militia  of  the 
State  of  Arkajisas. 

Se  it  ordained  hy  the  people  of  the  State  of  Arkansas  in  conven- 
tion assembled,  That,  that  portion  of  the  militia  and  army  of 
Arkansas,  no\A',  or  hereafter  called  into  actual  service,  shall  be 
subject  to  the  rules,  regulations  and  articles  of  war  of  the  Con- 
federate States,  except  so  far  as  they  are  in  conflict  with  the 
ordinances  of  this  convention. 

Adopted  and  passed  in  and  by  the  convention  on  the  first  day 
of  June,  A.  D.  18G1. 

DAVID  WALKER,  President 
of  the  Convention  of  the  State  of  Arkansas. 


Attest: 


Elias  C.  Boudinot,  Secretary 

of  the  State  Convention  of  Arkansas. 


AN  ORDINANCE— To  provide  for  filling  certain  vacancies. 

Be  it  ordained  by  the  people  of  Arkansas  in  convention 
assembled,  That  in  the  event  a  vacancy  should  occur,  by  death, 
resignation,  or  otherwise,  in  the  offices  of  brigadier-general  or 
major-general,  created  by  the  ordinances  of  this  convention,  it 
shall  be  the  duty  of  the  military  board  to  fill  such  vacancy,  and 
this  ordinance  shall  be  in  force  from  and  after  its  adoption. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  Isl 
day  of  June,  A.  D.,  18G1. 

DAVID  V^ALKER,  President  of  the 

Convention  of  the  State  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 


ORDINANCES    OF 


AN  ORDINANCE — To  divide  the  Slafe  of  Arkansas  into  con- 
gressional districts.  ^ 

lie  it  ordained  by  the  people  of  the  Stale  of  Arkansas  in  con- 
vention assembled,  That  the  State  of  Arkansas  be,  and  the  same 
is  hereby  divided   into  four  congressional  districts,  a3  follows: 

The  counties  of  Benton,  Washington,  Madison,  Carroll, 
Newton,  Crawford,  Franklin,  Johnson,  Pope,  Marion,  Searcy, 
Van  Buren  and  Conway,  shall  constitute  the  first  congressional 
district. 

The  counties  of  Sebastian,  Scott,  Polk,  Sevier,  Yell,  Mont- 
gomery, Pike,  Hempstead,  Lafayette,  Columbia,  Ouachita, 
Clark,  Perry  and  Hot  Spring,  shall  constitute  the  second  con- 
gressional district. 

The  counties  of  Pulaski,  Saline,  Dallas,  Calhoun,  Union, 
Jefferson,  Bradley,  Drew,  Ashley,  Chicot,  Desha,  Arkansas  and 
Prairie,  shall  constitute  the  third  congressional  district. 

The  counties  of  Fulton,  Izard,  Randolph,  Lawrence,  Greene, 
Independence,  White,  Jackson,  Craighead,  Poinsett,  St.  Francis, 
Crittenden,  Mississippi,  Monroe  and  Phillips,  shall  constitute 
the  fourth  congressional  district. 

An  election  for  a  member  to  the  Congress  of  the  Confederate 
States  shall  be  held  in  each  of  said  districts,  at  the  time  named 
and  specified  by  said  Congress  of  the  Confederate  States  of 
America. 

Adopted   and  passed,  in  and  by  the  convention,  on  the   1st 

day  of  June,  1861. 

DAVID  WALKER,  President 

of  the  Convention  of  the  State  of  Arkansas. 
Attest: 

EuAS  C.  BouDiNOT,  Secretary 

of  the  Arkansas  State  Convention. 


THE    CONVENTION.  79 


AN  ORDINANCE— Authorizing  the  judges  of  the  county 
courts  th^m/ghout  the  state  to  receive  resignations  of  mtmbtrs 
of  this  convention,  and  order  elections  for  filling  the  vacancies 
occasioned  hy  such  i-esignations . 

Be  it  ordained  hy  the  people  of  the  State  of  Arkansas,  in 
convention  assembled,  That  the  several  presiding  judges  of  the 
county  courts  throughout  the  state,  be,  and  they  are  hereby 
authorized  and  empowered  to  receive  the  resignations  of  mem- 
bers of  this  convention,  and  on  receipt  of  such  resignations  to 
order  elections  to  fill  the  vacancies  occasioned  by  such  resigna- 
tions, and  to  order  elections  to  fill  all  vacancies  occasioned  by 
death,  removal  or  other  cause. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  1st 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President  of  the 
Convention  of  the  Stale  of  Arkansiss. 
Attest: 

Elias  C.  BouDiNOT,  Secretary 

of  the  Arkansas  State  Convention . 


AN  ORDINANCE — Supple  me  nt  ax  y  to  the  ordinance  to  provide 
revenue  for  the  state. 

Be  it  ordained  hy  the  people  of  the  State  of  Arkansas  in  conven- 
tion assembled,  That  the  scrip  or  treasury  warrants,  provided  to 
be  issued  in  the  ordinance  to  provide  revenue  for  the  state, 
adopted  by  this  convention,  shall  be  issued  in  sums  not  less  than 
iive  dollars,  at  the  election  of  the  holder  of  the  auditor's  war* 
rant,  provided  said  auditor's  warrant  shall  be  for  that  or  a 
greater  sum,  if  not,  then  for  the  sum  specified  in  said  warrant; 


80  ORDINANCES    OF 


and  the  treasurer  shall  be  entitled  to  the  same  pay  for  issuing 
and  registering  the  scrip  or  warrants  and  bonds  pr<^ded  for  by 
said  ordinance,  as  he  is  now  entitled  to  receive  for  issuing 
swamp  land  scrip,  and  a  sufficient  amount  of  money  is  hereby 
appropriated  out  of  the  state  treasury  to  pay  said  treasurer  for 
such  services,  and  also  to  purchase  the  necessary  books  and 
stationery  to  carry  into  effect  the  provisions  of  the  revenue 
ordinance,  to  be  paid  upon  warrants  to  be  drawn  by  the 
auditor. 

Adopted  and  passed  in  and  by  the  convention  on  the  1st  day 
of  June,  A.  D.  1861. 

DAVID  WALKER,  President  of  the 
Convention  cf  the  State  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkarisas  Stale  ConvenlioH.\ 


AN  OTiXMUAl^C^— Requiring   certain    officers  to  pay   certain 
moneys  to  the  stale. 

Section  1.  Be  il  ordained  by  the  people  of  the  State  of  Ar- 
kansas^ in  Convention  assembled.  That  receivers  of  public  mon- 
eys of  the  United  States,  and  all  other  persons,  whatever,  post- 
masters excepted,  who  shall  have  any  money  in  their  hands 
which  belonged  to  the  government  of  the  United  States,  up  to 
the  sixth  day  of  May,  A.  D.  1861,  shall  be  compelled,  and  they 
are  hereby  required,  within  sixty  days  from  the  adoption  of  this 
ordinance,  to  pay  all  such  moneys  in  their  custody,  keeping,  or 
control,  into  the  state  treasury,  and  should  any  person  who  is 
an  officer  of  the  State  of  Arkansas,  fail  or  refuse  to  comply 
with  the  requirements  of  this  ordinance,  he  shall  forfeit  his 
office,  and  the  same  upon  such  neglect  or   failure,  shall  be 


THE    CONVENTION.  81 

deemed  vacant,  and  the  governor  shall,  after  such  sixty  days, 
proceed  to  fill  such  vacanc)'. 

Sec.  2.  jBe  it  further  ordained,  That  such  persons  or  officers, 
postmasters  excepted,  wh©  shall  wilfully  refuse  to  comply  with 
the  requirements  of  this  ordinance,  shall  be  deemed  guilty  of 
a  high  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
lined  in  any  sum  not  less  than  ten  thousand  dollars,  q,nd  may 
be  imprisoned  not  exceeding  two  years. 

Sec.  3.  Be  it  further  ordained,  That  all  such  funds  shall  be 
applied,  as  may  be  provided  by  existing  ordinances,  in  payment 
of  dues  from  the  late  government  of  the  United  States  to  citi- 
zens of  the  State  of  Arkansas,  and  of  the  Indian  territory,  west 
of  the  State  of  Arkansas. 

Adopted  and  passed  in  and  by  the  convention  on  the  1st  day 
of  June,  A.  D.  1801. 

DAVID  WALKER,  President  of  the 

Stale  Convention  of  Arkansas. 
Attest: 

Elias  C.  Boudinot,  Secretary 

of  the  Arkansas  State  Convention. 
•  ■ 


••-♦^»>-  >>  M»» 


AN  ORDINANCE  ratifijing  the  permanent  Constitution  of  the 
people  of  the  Confederate    States  of  America. 

Be  it  ordained  by  the  people  of  the  Slate  of  Arkansas,  in 
Convention  assembled,  That  the  jconstitution  of  the  people  of 
the  Confederate  States  of  America,  prepared  and  tendered  by 
the  delegates  or  deputies  *of  the  States  of  South  Carolina, 
Georgia,  Alabama,  Mississippi,  Florida,  Louisiana  and  Texas, 
in  Congress  assembled  at  the  capitol  of  said  Confederate  States 
of  America,  in  the  city  of  Montgomery,  in  the  State  of  Ala- 
bama, and  by  said  delegates  or  deputies   in   said    CongrcBs 


82  ORDINANCES    OF 


adopted  on  the  eleventh  da)^  of  March,  Anno  Domini,  one 
thousand,  eight  hundred  and  sixty-one,  be,  and  the  same  is 
hereby  ratified  by  the  people  of  the  State  of  Arkansas,  as  the 
permanent  constitution  of  the  people  of  the  said  Confederate 
•States  of  America. 

Adopted,  and  passed  in  and  by  the  convention,  on  the  first 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President 
of  iht  Convention  of  the,  State  of  Arkansas. 
Attest: 

EuAS  C.  BouDiNOT,  Secretary 

of  the  Arkansas  State  Convention. 


AN  ORDINANCE  for  the  benefit  of  Arkansas  cov.nty. 

m 
Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  con- 
vention assembled,  That  the  present  boundaries  of  the  county  of 
Arkansas  shall  never  be  reduced  below  the  present  limits,  unless 
it  shall  be  by  the  consent  of  a  majority  of  the  qualified  voter* 
of  said  county,  expressed  at  a  regular  election. 

Adopted,  and  passed  in  and  by  the  convention,   on  the  first 
day  of  June,  A.  D.  1861. 

DAVID  WALKER,  President  of  the  " 
<       State  Convention  of  Arkansas. 
Attest: 

E1.1AS  C.  BouDiNOT,  Secretary 

of  the  Arkania^  Slaie  Convention. 


THE    CONVENTION.  83 

AN  ORDINANCE  regulating   sales  on   executions  and   Iriisis. 

Secteon  1.  Be  it  ordained  bij  the  people  of  the  State  of  Arkan- 
sas in  convention  assembly,  That  upon  all  judgments  and 
decrees  rendered,  or  which  may  hereafter  be  rendered  upon 
debts,  contracts  or  liabilities  of  a  civil  nature,  iticurred  prior  f 
the  sixth  of  May,  1861,  executions  may  issue  as  now  provided 
by  law;  Provided,  hoiocver,  That  no  sales  shall  be  made  upon 
executions  or  decretal  orders  ah-eady  issued  upon  such  judg- 
ments or  decrees,  or  upon  executions  or  decretal  orders  which 
may  hereafter  be  issued  upon  such  judgments  or  decrees,  until 
the  property  levied  upon  by  virtue  of  such  executions  or  decre- 
tal orders  shall  be  valued  by  three  disinterested  persons,  to  be 
summoned  by  the  sherifi'  or  constable,  having  the  execution  or 
decretM'-order  in  charge,  which  sheriff  or  constable  shall  admin- 
''ster  the  following  oath  to  the  persons  so  summoned,  to-wit: 

c«  \Yg j^^d ^  (Jo  severally  solemnly  swear  that  we 

will  truly  value  and  appraise  the  property  shown  to  us  by 
(sheriff,  constable  or  trustee,)  according  to  its  market  value  on 
the  sixth  day  of  November,  18G0,  taking  into  consideration 
additions  for  permanent  improvements  upon  real  estate,  and 
increased  value  arising  from  increased  age  of  stock  and  slaves, 
and  making  deductions  for  the  destruction,  injury  to,  or  removal 
of  permanent  improvements  or  real  estate,  and  for  deteriora- 
tion by  age  or  disease  to  personal  property,  so  help  me  God." 
And  such  appraisers  shall  make  out  an  appraisement  and  sign 
the  same,  which  shall  be  attached  to  any  returns  w^ith  the  exe- 
cution or  other  authority  for  sale;  and  after  the  valuation  as 
aforesaid  has  been  made,  no  sales  of  such  property  shall  be 
made  by  the  officer  having  charge  of  the  execution  or  decretal 
order,  unless  the  same  shall  be  bid  off'  at  a  sum  not  less  than 
four-fifths'of  the  valuation  affixed  by  the  appraisers  aforesaid. 
If  such  sum  be  not  offered. for  such  property,  it  shall  be  the  duty 
of  the  officers  to  restore  the  property  to  the  person  in  whope 
hands  it  was  levied  upon,  without  any  bond  whatever.  This 
section  shall  not  be  so  construed  as  to  prevent  any  defendant 


84  ORDINANCES    OP 


from  giving  delivery  bond,  as  now  provided  by  law,  and  all 
sales  made  by  virtue  of  any  execution  issued  upon  forfeited 
delivery  bonds,  in  cases  provided  for  in  this  section,  shall  be 
made  as  provided  for  on  original  efecution;  nor  to  prevent  the 
sale  of  perishable  property  seized  on  attachment  or  proceed- 
ings in  rem;  And  provided,  That  at  any  time  after  the  expira- 
tion of  two  years  from  the  restoration  of  peace,  any  such  pro- 
perty so  offered  foi  sale  and  not  sold,  may  be  seized  and  sold 
under  execution  of  such  judgments,  absolutely  and  without 
reference  to  any  such  appraisement;  And  provided  further,  That 
when  any  propert}'^  of  a  defendant  shall  be  levied  upon  and 
ofl'ered  for  sale  under  execution  or  decretal  order,  according  to 
the  provisions  of  this  section  and  shall  not  be  sold,  no  further 
execution  on  the  same  judgment  ordecre6  shall  issue  for  twelve 
months,  unless  at  the  cost  of  the  plaintiff. 

Sec.  2.  The  provisions  of  this  ordinance  shall  not  apply  to 
debts  contracted,  or  liabilites  of  a  civil  nature  incurred  since 
the  sixth  day  of  May,  1861;  but,  in  such  cases,  executions  may 
issue  and  be  executed  as  now  provided  by  law. 

Sec.  3.  The  provisions  of  this  ordinance,  so  far  as  applica- 
ble,  shall  apply  to  sales  made  by  administrators  and  guardians, 
and  other  persons  acting  in  a  fiducial  capacity. 

Sec.  4.  The  provisions  of  this  ordinance  shall  apply  to  sales 
under  mortgages  and  deeds  of  trust,  executed  prior  to  the  sixth 
day  of  May,  1801,  wherein  sales  are  authorized  to  be  made  by 
individuals  in  the  same  manner  and  to  the  same  extent  as 
though  such  sales  were  to  be  made  by  execution  or  decretal 
order,  by  operation  of  lav/. 

Sec.  5.  Judgments  and  decrees  of  the  circuit  court,  and 
judgments  of  probate  courts  and  justices  of  the  peace,  docketed 
in  the  proper  clerk's  office,  as  well  those  already  rendered,  as 
those  hercafler  to  be  rendered,  shall  be  liens  upon  lands  and 
slaves,  to  the  same  extent  and  in  the  same  manner  as  judg- 
ments and  decrees  are  wow  liens  upon  real  estate. 

Sec.  G.  In  all  cases  it  shall  be  the  duty  of  the  officer  having 
charge  of  the  execution  or  decretal  order,  and  of  persons  mak- 


THE    CONVENTION,  85 


ing  sale?,  under  mortgages  and  deeds  of  trust,  to  offer  property 
for  sale  in  separate  parcels,  when  the  same  is  practicable,  and 
the  same  shall  be  appraised  in  separate  parcels  as  fur  as  prac- 
ticable. 

Sec.  7.  The  provit^ions  of  this  ordinance  shall  not  be  con- 
strued to  affect  an  ordinance  adopted  by  this  convention,  enti- 
tled "  an  ordinance  for  the  relief  of  such  citizens  of  the  State 
of  Arkansas  as  may  be  engaged  in  the  military  service  of  the 
State  of  Arkansas,  or  of  the  Confederate  States." 

Sec.  8.  This  ordinance  fhall  not  be  so  construed  as  to  prevent 
the  collection  of  interest  due  or  to  becoai,e  due  upon  purchases 
of  school  lands,  known  as  sixteenth  sections,  or  of  interest  due, 
or  to  become  due  upon  money  loaned  and  belonging  to  'the 
school  funds  of  the  various  townships  of  this  state,  or  of  interest 
on  debts  due  to  minors;  but  the  same  may  be  collected  in  the 
manner  now  prescribed  b}'  law;  and  it  is  further  provided  that 
nothing  in  this  ordinance  shall  be  so  construed  as  to  prevent 
the  collection  of  taxes. 

Sec.  9.  This  ordinance  shall  repeal  and  render  null  and  void 
the  ordinance  passed  by  this  convention  on  the  20th  day  of 
JMay,  entitled  "  an  ordinance  concerning  sales  by  sheriffs  and 
constables  for  the  collection  of  debts." 

Sec.  10.  The  time  during  which  this  ordinance  is  in  force, 
shall  not  be  computed  in  any  case  where  the  statute  of  limita- 
tions comes  in  question. 

Sec.  11.  This  ordinance  shall  not  apply  to  any  liabilities 
upon  the  part  of  public  officers  and  their  securities  for  them, 
either  to  the  state,  counties  or  individuals,  nor  to  .interest  on 
debts  due  to  the  state. 

Sec.  12.  It  shall  be  the  duty  of  the  oflicer  levying  an  execu- 
tion, to  levy  on  property  as  near  the  amount  of  the  judgment 
as  possible,  if  the  defendant  has  such  property. 

Sec  13.  This  ordinance  may  be  repealed,  amended  or  modi- 
lied,  by  the  General  Assembly  at  any  regular  session   thereof; 


S6  ORDINANCES    OF 


and  this  ordinace   shall  take  eflect  and  be  in  force  from  and 
after  its  adoption. 

Adopted  and  passed  in  and  by  the  convention,  on  the  first 
day  of^June,  A.  D.,  1861. 

DAVID  WALKER,  President 

of  the  Arkansas  State  Convention, 
Attest: 

Emas  C.  Boudinot,  Secrttarxj 

of  the  Convention. 


AN  ORDINANCE  repealing  an   ordinance  passed  on  the  2l5t 
day  of  March,  A.  D.,  ISGl. 

Be  it  ordained  by  the  people  of  Arkansas  in  com^eniioji  assem- 
bled, That  the  ordinance  passed  by  this  convention  on  the  21st 
day  of  March,  A.  p.,  1861,  entitled  "an  ordinance  to  provide 
for  holding  an  election  in  the  State  of  Arkansas  for  the  purpose 
of  taking  the  sense  of  the  people  of  the  state  on  the  question 
of  '  co-apcratlon''  or  ^  secession,' ^^  be,  and  the  same  is  hereby  in 
all  things  repealed. 

Adopted  in  and  by  the  convention,  May  7th,  1861. 
DAVID  W^ALKER,  President 

of  the  Arkansas  State  Convention. 
Attest:      • 

Elias  C.  Boudinot,  Secretarij 

of  the  Convention. 


CONSTITUTIO]Sr 


OF    THE 


STATE    OF    ARKANSAS 


TRE  AMBLE. 


We,  the  people  of  the  State  of  Arkansas,  by  our  delegates  in 
convention  assembled,  at  Little  Rock,  on  Monday,  the  4th 
day  of  March,  A.  D.  1861,  having  the  right  to  change,  alter 
or  amend  our  constitution,  or  organic  law,  in  order  to  secure 
to  ourselves  and  our  posterity,  the  enjoyment  of  all  the  rights 
of  life,  liberty  and  property,  and  the  pursuit  of  happiness,  do 
mutually  agree  with  each  other  to  continue  ourselves  as  a 
free  and  independent  state,  by  the  name  and  style  of  "  The 
State  of  Arkansas,"  and  do  ordain  and  establish  the  follow- 
ing constitution  for  the  future  government  thereof: 

ARTICLE  L 

BOUNDARIES    OF    THE    STATE, 

We  do  declare  and  establish,  ratify  and  confirm  the  follow- 
irtg  as  the  permanent  boundaries  of  the  State  of  Arkansas,  that 
is  to  say:  Beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river,  on  the  parallel  of  thirty-six  degrees  north 
latitude,  running  from  thence  west  with  the  said  parallel  of 
latitude  to  the  St.  Francis  river;  thence  up  the  middle  of  the 
main  channel  of  said  river,  to  the  parallel  of  thirty^-six  degrees 


88  CONSTITUTION 


thirty  minutes  north;  from  thence  west  to  the  south- vvet?t  cor- 
ner of  the  State  of  Missouri;  and  from  thence  to  be  bounded 
on  the  west  to  the  north  bank  of  Red  river,  as  by  acts  of  Con- 
gress of  the  United  States  and  the  treaties  heretofore  defining 
the  western  limits  of  the  territory  of  Arkant^as;  and  to  be 
bounded  on  the  south  side  of  Red  river  by  the  boundary  line 
of  the  State  of  Texas  to  the  north-west  corner  of  the, State  of 
Louisiana;  thence  east  with  the  Louisiana  state  line  to  the 
middle  of.tfie  main  channel  of  the  Missis.-^ippi  river;  thence  up 
the  middle  of  the  main  channel  of  said  river,  to  the  thirty- sixth 
degree  of  north  latitude,  the  point  of  beginning;  these  being  the 
boundaries  of  the  State  of  Arkansas,  as  defined  by  the  consti- 
tution thereof,  adopted  by  a  convention  of  the  representatives 
of  the  people  of  said  state,  on  the  30th  day  of  January,  Anno 
Domini,  eighteen  hundred  and  thirty-six.  being  the  same  bounr 
'daries  which  limited  the  area  of  the  territory  of  Arkansas,  as 
it  existed  prior  to  that  time. 

ARTICLE  II. 

DECLARATION    OF    RIGHTS. 

That  the  great  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  eatablished,  wt  dtclare — 

Section  1.  That  all  free  white  men,  when  they  form  a  social 
compact,  are  equal,  and  have  certain  inherent  and  inde- 
feasible rights,  among  which  are  those  of  enjoying  and  defend- 
ing life  and  liberty;  of  acquiring,  possessing,  and  protecting 
property  and  reputation,  and  of  pursuing  their  own  happiness. 

Sec.  2.  Tlj^t  all  power  is  inherent  in  the  people;  and  all 
free  governments  are  founded  on  their  authority,  and  insti- 
tuted for  their  peace,  safety  and  happiness.  For  the  advance- 
ment of  these  ends,  they  have,  at  all  times,  an  unqualified 
right  to  alter,  reform  or  abolish  their  government  in  such  man- 
ner as  they  may  think  proper. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right 
to  worship  Almighty  God  according  to  the  dictates  of  their  own 
consciences;  and  no  man  can,  of  right,  be  compelled  to  attend, 


OF   AFvKANSAS.  89 


erect  or  support  any  place  of  wort^hip,  or  to  maintain  any  min- 
istry, against  his  consent;  that  no  human  authority  can,  in  any 
case  whatsoever,  interfere  with  the  rights  of  conscience;  and 
that  no  preference  shall  ever  be  given  to  any  religious  estab- 
lishment, or  mode  or  form  of  worship. 

Se(;.  4.  That  the  civil  rights,  privileges  or  capacities  of  any 
citizen  slvvH  in  no  wise  be  (Jiiuini.shed  or  enlarged  on  account 
of  his  religion. 

Sec.  0.  That  all  elections  shall  be  free  and  equal. 

Sec.  G.  That  the  right  of  trial  by  jury  shall  remain  inviolate 
to  free  white  men  and  Indians. 

Sec.  7.  That  printing  presses  shall  be  free  to  every  person; 
and  no  law  shall  ever  be  made  to  restrain  the  "rights  thereof. 
The  free  commlsnication  of  thoughts  and  Oijiinions,  is  one  of  the 
invaluable  rights  of  man;  and  every  citizen  may  freely  speak, 
write  and  print  on  any  subject — being  responsible  for  the  abuse 
of  that  liberty. 

Sec.  8.  In  prosecutions  for  the  publication  of  papers  inves- 
tigating the  conduct  of  officers  or  men  in  public  capacity,  or 
when  the  matter  published  is  matter  for  public  inl'ormatinn,  the 
truth  thereof  may  bfe  given  in  evidence;  and  in  all  indictments 
for  libels,  the  jury  have  the  right  to  determine  the  law  and  tlie 
facts. 

Sec.  9.  That  the  people  shall  be  secure  in  their  person.^, 
houses,  papers,  valuables  and  possessions,  from  unreasonable 
searches  and  seizures;  and  that  general  warrants,  whereby  any 
officer  may  be  commanded  to  search  suspected  places,  without 
evidence  of  the  fact  committed,  or  to  seize  any  person  or  per- 
sons not  named,  whose  ofiences  are  not  particularlv  described 
and  supported  by  evidence,  are  dangerous  to  liberty,  and  shall 
not  be  granted. 

Sec.  10.  That  no  free  white  man,  or  Indian,  shall  be  taken 
or  imprisoned  or  disseized  of  his  freehold,  liberties,  or  privi- 
leges, or  outlawed  or  exiled,  or  in  any  manner  destroyed  or 
deprived  of  his  life,  liberty  or  property,  but  by  the  judgment  of 
his  peers,  or  the  law  of  the  land. 

Sec.  11.  That  in  all  criminal  prosecutions  against  free  white 


90  CONSTITUTION 


ruen  and  Indian?,  the  accused  shall  have  the  right  to  be  heard 
by  himself  and  his  counsel;  to  demand  the  nature  and  cause  of 
the  accusation  against  him,  and  to  have  a  copy  thereof;  to 
meet  the  witnesses  face  to  face;  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor;  and  in  prosecutions  by 
indictment  or  presentment,  a  speedy  public  trial  by  an  impar- 
tial jury  of  the  county  or  district,  in  which  the  crime  mny  be 
charged  to  have  been  committed;  and  shall  not  be  compelled 
to  give  evidence  against  himself. 

Sec.  12.  That  no  person  shall,  for  the  same  offence,  be  twice 
put  in  jeopardy  of  life  or  limb. 

Sec.  13.  That  all  penalties  shall  be  reasonable  and  propor- 
tioned to  the  nature  of  the  offence. 

Sec.  14.  That  no  free  white  man,  or  Indian,  shall  be  put  ta 
answer  to  any  criminal  charge,  punishable  by  death  or  impri- 
sonment in  a  jail  or  penitentiary,  but  by  presentment,  indict- 
inent,  or  impeachment. 

Sec.  15.  That  no  conviction  shall  work  corruption  of  blood 
or  forfeiture  of  the  estate  of  the  convict. 

Sec.  1G.  That  all  free  white  prisoners,  Indians  included,  shall 
b^ailable  by  sufficient  securities,  unless *in  capital  offences, 
where  the  proof  is  evident  or  the  presumption  is  great.  And 
the  privilege  of  the  writ  of  habeas  coi-pus  shall  not  be  sus- 
pended, unless  in  case  of  rebellion  or  invasion,  where  the  public 
safety  may  require  it. 

Sec.  17.  That  excessive  bail  shnll  in  no  case  be  required,  nor 
excessive  lines  imposed. 

Sec.  18.  That  no  ex  post  facto  law  or  law  impairing  the  obli- 
gation of  contract.s  shall  ever  be  passed. 

St.(;.  19.  That  no  perpetuities  or  monopolies  shall'  ever  be 
allowed  or  granted;  nor  shall  any  hereditary  emolument,  privi- 
leges or  honors  be  conferred  or  granted  in  this  state. 

Sec.  20.  That  citizens  have  the  right,  in  a  peaceable  manner, 
to  assemble  for  their  common  good,  to  instruct  their  represen- 
tatives, and  to  apply  to  those  invested  with  the  power  of  the 
government,  for  redress  of  grievances  or  other  proper  pur- 
poses, by  address  or  remonsfrance. 


OF    ARKANSAS.  91 


Si:c.  21.  That  the  free  white  men,  and  Indians,  of  this  state 
have  the  right  to  keep  and  bear  arms  for  their  individual  or 
common  defence. 

Sec.  22.  That  no  soldier  shall  be  quartered,  in  time  of  peace, 
in  any  house,  without  the  consent  of  the  owner;  nor  in  time  of 
war,  but  in  a  manner  prescribed  by  law. 

Sec.  23.  The  military  shall  be  kept  in  strict  subordination  to 
the  civil  power. 

Sec.  24.  This  enumeration  of  rights  shall  not  be  construed 
to  deny  or  disparage  others  retained  by  the  people;  and  to 
guard  against  any  encroachments  on  the  rights  herein  retained, 
or  any  transgression  of  any  of  the  higher  powers  herein  dele- 
gated, we  declare  that  every  thing  in  this  article  is  excepted 
out  of  the  general  powers  of  the  government,  and  shall  forever 
remain  inviolate,  and  that  all  laws  contrary  thereto,  or  to  t}ie 
other  provisions  herein  contained,  shall  be  void. 

ARTICLE  III. 

OF      DEPARTMENTS. 

Section  1.  The  powers  of  the  government  of  the  State  .of 
Arkansas!,  shall  be  divided  into  three  distinct  departments,  each 
of  which  to  be  confided  to  a  separate  body  of  magistracy, 
to- wit:  those  which  are  legislative,  to  one;  those  which  are 
executive,  to  another;  and  those  which  are  judicial,  to  another. 

Sec.  2.  No  person  or  collection  of  persons,   being   of  one  of 
those  departments,  shall  exercise  any  power  belonging  to  either 
of  the*  others;  except  in   the  instances   hereinafter  expressly 
directed  or  permitted. 

ARTICLE  IV. 

LEGISLATIVE     PEPARTMENT. 

Section  1.  The  legislative  power  of  this  state  slmll  be  vested 
in  a  General  Assembly,  which  shall  consist  of  a  Senate  and  a 
House  of  Representatives. 


92  CONSTITUTION 


QUALIFICATION    OF    ELECTORS. 

Sec.  2.  Every  free  white  male  citizen  of  the  Confederate 
States  of  America,  who  shall  have  attained  the  age  of  twen- 
ty-one years,  and  shall  have  been  a  citizen  of  the  state  six 
months  uczit  preceding  the  election  at  which  he  may  desire  to 
vote,  shall  be  deemed  a  qualified  elector  and  be  entitled  to  vote 
in  the  couiilv  or  district  where  he  actually  resides,  for  each  and 
every  office  made  elective  under  this  State  or  the  constitution 
and  laws  of  the  Confederate  States  of  America;  Provided, 
That  no  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
Confederate  States  of  America  shall  be  entitled  to  vote  at  any 
election  within  this  state. 

TIME    OF    CHOOSING    RErEESENTATIVES. 

Sec.  3.  The  House  cf  Repres^entatives  shall  consist  of  mem- 
bers to  be  chosen  every  two  years,  by  the  qualified  electors  of 
the  several  oounlies,  at  such  time  as  the  General  Assembly  has 
prescribed,  or  may  hereafter  prescribe. 

QUALIFICATION    OF    A    REPRESENTATIVE. 

Sec.  4.  No  person  shall  be  a  member  of  the  House  of  Repre- 
sentatives who  shall  not  have  attained  the  age  cf  twenty-five 
years;  who  shall  not  be  a  free  white  male  citizen  of  the  Con- 
federate States  of  America;  who  shall  not  have  been  an  inha- 
bitant of  this  state  one  year  next  preceding  his  election;  and 
who  shall  not,  at  the  time  of  his  election,  have  an  actual  resi- 
dence in  the  county  he  may  be  chosen  to  represent. 

QUALIFICATION    OF    A    SENATOR. 

Sec.  5.  The  Senate  sliaTl  consist  of  members,  to  be  choseti 
every  four  years  by  the  qualified  electors  of  the  several  dif?- 
tricts,  as  they  are  now,  or  may  be  hereafter  arranged  by  the 
General  Assembly.  The  election  for  senators  shall  take  place 
at  the  time  now  appointed,  or  which  may  hereafter  be  appointed 
by  law. 


OF    ARKANSAS.  93 


Sec,  (I.  No  person  shall  be  a  senator  who  shall  not  have 
attained  the  age  of  thirty  years;  who  shall  not  be  a  free  white 
male  citizen  of  the  Confederate  States  of  America;  who  shall 
not  have  been  an  inhabitant  of  this  state  one  year,  next  preced- 
ing his  election,  and  who,  at  the  time  thereof,  shall  not  have 
an  actual  residence  in  the  district  he  may  be  chosen  to  repre- 
sent. 

MI'^TfNf;    OF    THE    (>:'.\KK,\L    ASSEMIiLY. 

vSec.  7.  The  General  Assembly  shall  meet  every  two  years, 
on  the  first  Monday  in  November,  or  at  such  time  as  may  here- 
after be  appointed  for  that  purpose  by  that  body,  and  at  the 
capitol,  in  the  cily  of  Little  Rock,  until  otherwise  directed  by 
law. 

MODK    AM)    TIME    OF    ELECTION;    AND    rPylVIEEGE    OF    ELECTORS. 

Sec.  8.  All  general  elections  shall  be  by  ballot,  until  other- 
wise directed  by  law,  and  shall  be  held  every  two  years,  on  the 
first  Monday  in  October,  until  altered  by  law.  The  fwsl  gen- 
eral election  to  be  hereafter  held  on  the  first  Monday  in  October, 
eighteen  hundred  and  sixty-two.  The  electors,  in  all  cases, 
except  in  cases  of  treason,  felony  and  breach  of  the  peace,  shall 
be  privileged  from  arrest  during  their  attendance  on  elections, 
and  in  going  to  and  returning  therefrom. 

Sec.  9.  The  governor  shall  issue  writs  of  election  to  fill  su^i 
vacancies  as  may  occur  in  either  branch  of  the  General  Assem- 
bly. 

Sec.  10.  Militia  officers,  justices  of  the  peace,  and  postmas- 
ters, are  declared  to  be  eligible  to  cither  "branch  of  the  General 
Assembly;  but  no  person  vv-ho  now  is,  or  who  shall  hereafter  be 
a  collector  or  holder  of  public  money,  nor  any  assistant  or 
depmty  of  such  holder  or  collector  of  public  money,  shall  be 
eligible  to  either  branch  of  the  General  Asser.ibly,  nor  to  any 
oflicc  of  protit  or  trust,  until  he  shall  have  accounted  ibr  and 
paid  over  all  sums  for  which  he  may  be  liable;  and  no  person 
holding   any   ofiice   of  trust  or  profit,  under  the   Confederate 


94  CONSTITUTION 


States  (except  postmasters)  shall  be  eligible  to  any  ofiice  of 
trust  or  profit  belonging  to  either  of  the  three  departments  of 
this  state. 

Sec.  11.  Persons  convicted  of  bribery,  perjury  or  other  infa- 
mous crime,  are  excluded  from  every  ofnce  of  trust  or  profit, 
and  from  the  right  of  suffrage  in  this  state. 

Sec.  12.  Persons  convicted  of  giving  or  offering  any  bribe  to 
procure  their  own  election  or  appointment,  or  that  of  any  one 
else,  to  any  office,  are  ineligible  to  any  office  of  profit  or  trust, 
and  are  disqualified  (rom  voting  at  any  election  in  this  state. 

Sec.  13.  No  member  of  the  General  Assembly  shall  be 
elected  or  appointed  to  any  civil  office  in  this  state,  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  whilst  he  was  a  member  thereof,  except  he  be  elected 
to  such  ofiice  by  a  vote  of  the  people;  and  that  no  member  of 
the  General  Assembly  shall  be  elected  to  any  office  within  the 
gift  of  the  General  Assembly  during  the  teym  for  which  he  shall 
have  be  jn  elected. 

Sec.  14,  Each  house  of  the  General  Assembly  vshall  appoint 
its  own  officers,  and  shall  judge  of  the  qualifications,  returns 
and  elections  of  its  own  mtmbers.  Two-thirds  of  each  house 
shall  constitute  a  quorum  to  do  business,  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members,  in  such  manner  and  under  such  penalties  as 
each  house  may  provide. 

Sec.  15.  Each  house  may  determine  the  rule  of  its  proceed- 
%g3,  punish  its  own  members  for  disorderly  behavior,  and, 
with  the  concurren-ce  of  two-thirds  of  the  members  elected^ 
expel  a  member;  but  no  member  shall  be  expelled  a  second 
time  for  the  sameofT^nce.  They  shall  each,  from  time  to  time. 
publish  a  journal  of  their  proceedings,  except  such  parts  as 
may,  in  their  opinion,  require  secrecy;  and  the  yeas  and  nays 
upon  any  question  i^hall  be  entered  on  the  journal,  by  the 
request  of  any  five  members. 

Sec.  16.  The  door  of  each  house,  when  in  session,  *cr  in  com- 
mittee of  the  whole,  shall  be  kept  open,  except  in  cases  which 
may  require  secrecy;  and  each  house  may  punish  by  fine  and 


OF    AKKANSAS.  95 


^imprisonment,  any  person  not  a  member,  who  shall  be  guilty  of 
disrespect  to  the  house  by  any  disorderly  or  contemptuous  beha- 
vior iir  its  presence  when  in  sos?ion;  but  such  imprisonment 
shall  not  extend  beyond  the  final  adjournment  of  that  session. 

Sec.  17.  Bills  may  originate  in  either  house,  and  be  amended 
or  rejected  in  the  other;  and  every  bill  shall  be  read  on  three 
d'fTerent  days  in  each  house,  unless  two-thirds  of  the  house 
where  the  same  is  pending,  shall  dispense  with  the  rules;  and 
every  bill  having  paesed  both  houses,  shall  be  signed  by  rh.9 
President  of  the  Senate  and  Speaker  of  the  House  ol  Repre- 
sentatives. 

Si^c.  IS.  Whenever  an  ofiicer,  civil  or  military,  shall  be 
appointed  by  the  joint  or  concurrent  vote  of  both  houses,  or  by 
the  separate  vote  of  either  house  of  the  General  Assembly,  the 
vote  shall  be  taken  vha  voce,  and  entered  on  the  journal. 

Sec.  19.  The  senators  and  representatives  shall,  in  all  cases, 
except  treason,  felony  or  breach  of  the  peace,  be  privileged 
from  arrest  during  the  session  of  the  General  Assembly,  and  for 
fifteen  days  before  the  commencement  and  after  the  termina- 
tion of  each  session;  and  for  any  speech  or  debate  in  either 
house,  they  shall  not  be  questioned  in  any  other  place. 

Sec.  20.  The  members  of  the  General  Assembly  shall  seve- 
rally receive  from  the  public  treasury,  compensation  for  their 
services,  which  may  be  increased  or  diminished;  but  no  altera- 
tion of  such  compensation  of  mejnbers  shall  take  effect  durin;;- 
the  session  at  which  it  is  made. 

Sec.  21.  The  General  Assembly  may  direct,  by  law,  in  vAi'dl 
courts,  and  in  what  manner,  suits  may  be  commenced  again^•t 
the  state. 

Sec.  22.  The  General  Assembly  may  prohibit  the  introduction 
into  this  state,  of  any  slave  or  slaves  who  may  have  committed 
any  high  crime  in  any  other  state  or  territory.  The  introduc- 
tion of  slaves  into  this  state  for  sale,  trade,  speculation  or  mer- 
chandize, may  be  prohibited  by  the  General  Assembly. 

Sec.  23.  The  General  Assembly  t^hall  not  have  power  to  pasi> 
any  bill  of  divorce;  but  may  prescribe  by  law  the  manner  in 


96  constitutiojs 

which  such  cases  shall  be  investigated  in  the  courts  of  justice, 
and  divorces  be  gr^nt^d. 

Sr.c.  24.  The  General  Assembly  may,  by  law,  oblige  'owners 
of  slaves  to  tr^at  them  with  humanity,  and  may  prescribe  a 
code  of  laws  defining  their  rights;  regulating  their  intercourse 
with  each  other,  and  their  relations  with  the  free  white  people 
of  this  state;  dcfiningcrimes  which  may  be  committed  by  slaves; 
prescribing  appropriate  punishments  for  such  crimes,  and  pro- 
viding courts  fur  the  trial  of  slaves,  and  the  mode  of  proceed- 
ing in  such  courts. 

Sec.  25.  The  governor,  secretary  of  state,  auditor,  treasurer, 
the  judges  of  the  supreme  court,  the  judges  of  the  several  cir- 
cuit courts,  and  other  inferior  courts  of  law  and  equity,  and  the 
several  prosecuting  attorneys  for  the  state,  shall  be  liable  to 
impeachment,  for  any  malpractice  or  misdemeanor  in  office; 
but  judgment  in  such  cases  shall  not  extend  further  than 
removal  from  office,  and  disqualification  to  hold  any  office  of 
honor,  trust  or  profit  under  tliisj  state;  the  party  impeached, 
whether  convicted  or  acquitted,  shall  nevertheless  be  liable  to 
be  indicted,  tried  and  punished  according  to  law. 

Sec.  20.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  and  all  impeachments  shall  be  tried  by 
the  Senate,  and,  when  sitting  for  that  purpose,  the  senators 
shall  be  on  oath  or  affirmation,  to  do  justice  according  to  law 
and  evidence.  Whtn  the  governor  shall  be  tried,  the  chief 
justice  of  the  supreme  court  shall  preside,  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  all  the 
senators  elected;  and  for  reasonable  cause,  which  shall  not  be 
sufficient  ground  for  impeachment,  the  governor  shall,  on  th6 
joint  address  of  two-thirds  of  each  branch  of  the  General 
Assembly,  remove  from  office  the  judges  of  the  supreme  and 
other  courts;  Provided,  The  cause,  or  causes  of  removal  be 
spread  on  the  journals,  and  the  party  charged  be  notified  of 
the  same,  and  heard,  by  himself  and  counsel,  before  the  v-ote  is^ 
finally  taken  and  decided. 

Sec.  27.  The    appointment   or   election   of  all   oflicers,  not 
otherwise  directed  by  this  constitution,  shall  be  made  in  sucK 


OF    ARKANSAS.  97 


manner  as  may  be  prescribed  by  law;  and  all  such  officers,  civil 
and  military,  under  the  authority  of  this  state,  shall,  before  they 
enter  on  their  duties,  take  the  following  oath  or  affirmation,  that 

is  to   say,  "I — ,  do   solemnly  swear  or   affirm,  that  I 

will  support  the  constitution  of  the  Confederate  States  of  Ame- 
rica, and  of  this  state,  and  will  abide  and  observe  all  the  ordi- 
nances passed  by  the  convention  of  the  people  of  this  state, 
and  will  demean  myself  faithfully  in  office."  When  the  ordi- 
nances of  this  convention  expire,  every  officer  of  this  state 
shall  take  an  oath  to  support  the  constitution  of  the  Confede- 
rate States  of  America,  and  of  the  State  of  Arkansas,  and 
faithfully  demean  himself  in  office. 

Sec. -29.  No  county  now  established  bylaw,  shall  ever  be 
reduced  by  the  establishment  of  any  new  county  or  counties  to 
Sesa  than  six  hundred  and  twenty-five  square  miles,  nor  to  a  less 
population  than  its  ratio  of  representation  in  the  House  of  llep- 
reijentatives,  according  to  the  ratio  as  it  may  exist  by  law  at 
the  time,  nor  shall  any  countj'  be  hereafter  established  which 
shall  contain  less  than  six  hundred  and  twenty-five  square  miles, 
nor  a  less  population  than  would  entitle  such  county  to  a  mem- 
ber in  the  House  of  Representatives,  according  to  the  ratio  of 
representation  then  established  by  law. 

Sec.  20.  The  style  of  the  laws  of  this  state  shall  be — "  Be 
(t  enacted  by  the  General  Assembly  of  the  State  of  Arkansas." 

Sec.  30.  The  etatc  shall,  from  time  to  time,  be  divided  into 
convenient  senatorial  districts,  formed  of  contiguous  territory, 
in  such  manner  as  the  General  Assembly  shall  hereafter  provide; 
and  in  arranging  such  districts,  the  General  Assembly  shall  do 
so,  taking  into  consideration  the  free  white  male  inhabitants  of 
this  state,  so  that  each  senator  may  represent  an  equal  number, 
as  nearly  as  may  be,  of  the  free  whi^e  male  inhabitants  thereof, 
according  to  the  census  enumeration;  and  until  the  next  enu- 
meration of  the  census,  or  inhabitants  of  this  state,  the  sena- 
torial districts  as  now  laid  out  by  law  shall  continue. 

Section  31.  The  Senate  shall  never  consist  of  less  thart 
twenty-five,  nor  of  more  than  thirty-five  members.  The  allot- 
ment  of  senators  into  two  clascics,  as  it  now  exist.i,  shall  con- 


98  CONSTITUTION 

tinue  until  otherwise  directed,  and  the  successors  of  those  in 
office  shall  be  elected  in  the  manner  and  at  the  time  now 
required  by  law,  and  for  the  term  of  four  years. 

Skc.  32.  The  enumeration  of  the  inhabitants  of  this  slate 
shall  be  taken  under  the  direction  of  the  General  Assembly  of 
this  state,  at  the  end  of  every  four  years  from  the  time  the  last 
enumeration  was  taken  under  the  constitution  and  laws  of  thi.-- 
state,  now  in  force  therein. 

Sec.  33.  The  House  of  Representatives  shall. consist  of  not 
less  than  seventy-six  members,  nor  ol  more  than  one  hundred 
representatives,  to  be  apportioned  amonjsf  the  several  counties 
in  this  state,  according  to  the  number  of  free  white  male  inha- 
bitants therein,  taking  such  ratio  as  is  now  provided  for  by  law 
as  the  ratio  of  representation,  until  the  number  of  represen- 
tatives increases  to  one  hundred;  and  when  they  shall  number 
one  hundred,  they  shall  not  be  further  increased  until  the«popu- 
lation  of  the  state  numbers  one  million  souls;  Provided,  That 
each  county  as  now  organized  shall  be  entitled  to  the  number  of 
representatives  to  which  it  may  be  entitled  under  existing  law3, 
until  a  future  apportionment,  under  a  future  enumeration  of  the 
inhabitants  of  this  state.  And  at  the  first  session  of  the  General 
Assembly,*  after  the  return  of  every  enumeration,  the  represen- 
tation shall  be  equally  divided  and  re-apportioned  among  the 
several  counties,  according  to  the  number  of  free  white  males 
in  each  county,  as  above  prescribed;  Pi ovidtd  further,  That 
the  county  of  Craighead  shall  be  entitled  to  one  representative 
until  the  next  enumeration  and  apportionment;  Provided  fur- 
ther, That  the  said  county  of  Craighead  be  added  to  the  sena- 
torial district  of  Randolph  and  Greene  counties  until  otherwise 
provided  by  law. 

Skc.  34.  The  General  Assembly  may,  at  any  time,  propose 
such  amendments  to  this  constitution  as  two-thirds  of  eiffch  house 
shall  deem  expedient,  which  shall  be  published  in  all  the  news- 
papers published  in  this  state,  three  several  times,  at  least 
twelve  months  before  the  next  general  election;  and  if,  at  the 
first  session  of  the  General  Assembly  after  such  general  elec- 
tion, two-thirds  of  each  house  shall,  by  yeas  and  nays,  ratify 


i 


OF    ARKANSAS.  99 


such  proposed  amendments,  they  shall  be  valid  to  all  intents 
and  purposes,  as  parts  of  this  constitution;  Provided,  That  such 
proposed  amendments  shall  be  read  on  three  several  days,  in 
each  house,  as  vi^ell  when  the  same  are  proposed,  as  when  they 
are  finally  ratified. 

Sec.  35.  The  General  Assembly  shall  have  power  to  regulate 
the  militia  system  and  military  organization  of  the  state,  sub- 
iect  to  the  provisions  of  ordinances  heretofore  passed  by  the 
convention  of  the  State  of  Arkansas. 

ARTICLE  V. 

EXECUTIVE    DEPARTMENT. 

Sec.  1.  The  supreme  executive  power  of  this  state  shall  be 
vested  in  a  chief  magistrate,  who  shall  be  styled  "  The  Gover- 
nor of  the  State  of  Arkansas." 

Sec.  2.  The  governor  shall  be  elected  by  the'qualified  elec-. 
tors,  at  the  time  and  places,  when  and  where  they  shall  respec- 
tively vote  for  representatives  at  general  elections. 

Sec.  3.  The  returns  of  every  election  for  governor  shall  be 
sealed  up  and  transmitted  to  the  Speaker  of  the  House  of  Rep- 
resentatives,, who  shall,  during  the  first  week  of  the  session, 
open  and  publish  them  in  the  presence  of  both  houses  of  the 
General  Assembly.  The  person  having  the  highest  number  of 
votes,  shall  be  the  governor;  but  if  two  or  more  shall  be  equal, 
and  highest  in  votes,  one  of  them  shall  be  chosen  governor  by 
the  joint  vote  of  both  houses.  Contested  elections  for  governor 
shall  be  determined  by  both  houses  of  the  General  Assembly,  in 
such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  governor  shall  hold  his  office. for  the  term  of 
four  3'ears  from  the  time  of  his  installation,  and  until  his  suc- 
cessor shall  be  duly  qualified;  but  he  shall  not  be  eligible  for 
more  than  eight  yea;t's,  in,any  term  of  twelve  years.  He  shall 
be  at  least  thirty  years  of  age,  a  native  born  citizen  of  Arkan- 
sas, or  a  native  born  citizen  of  the  Confederate  States  of  Ame- 
rica, or  a  resident  of  the  State  of  Arkansas  ten  years  pr^'ious 
to  the  adoption  of  this  constitution,  if  not  a  native  of  the  Con- 


100  CONSTITUTION 


federate  States  of  America;  and  shall  have  been  a  resident  of 
this  state  at  least  four  years  next  before  bis  election. 

Six.  5.  The  governor  shall,  at  stated  times,  receive  a  com- 
pensation for  his  services,  which  shall  not  be  increased  or 
diminished  during  the  term  for  which  he  shall  have  been  elected; 
nor  shall  he  receive,  during  that  period,  any  other  emolument 
from  the  Confederate  States  of  America,  or  any  one  of  them, 
or  from  any  foreign  power. 

Sec.  6.  The  governor  shall  be  commander-in-chief  of  the 
army  of  this  state,  and  the  militia  thereof,  except  when  they 
shall  be  called  into  the  service  of  the  Confederate  States  of 
America;  Provided,  nevertheless,  That  this  provision  shall  not 
be  taken  to  conflict  with  any  ordinance  or  ordinances,  which 
have  been  or  may  be  passed  by  the  convention  of  the  people 
of  the  State  of  Arkansas. 

Sec.  7.  The  governor  may  require  any  information,  in  writ- 
ing, from  the  oncers  of  the  executive  department,  on  any  sub- 
ject relating  to  the  duties  of  their  respective  offices. 

Sec.  8.  The  governor  may,  by  proclamation,  on  extraordi- 
nary occasions,  convene  the  General  Assembly,'at  the  seat  of 
government,  or  at  a  different  place,  if  that  should  have  become, 
.since  their  last  adjournment,  dangerous  from  an  enemy  or  from 
contagious  diseases.  In  case  of  disagreement  between  the  two 
hou-^es,  with  respect^to  the  time  of  adjournment,  he  may  adjourn 
them  to  such  time  aa  he  shall  think  proper,  not  beyond  the 
day  of  the  next  meeting  of  the  General  Assembly. 

Sec.  9.  The  governor  shall,  from  time  to  time,  give  to  the 
General  Assembly,  information  of  the  state  of  the  government, 
and  recommend  to  their  consideration  such  measures  as  he 
may  dpem  expedient. 

Sec.  10.  The  governor  shall  take  care  that  the  laws  are  faith- 
fully executed. 

Sec.  11.  In  all  criminal  and  penal  cases,  except  in  those  of 
treason  and  impeachment,  the  governor  shall  have  power  to 
grant  pardons,  after  conviction,  and  remit  fines  and  forfeitures 
under  such  rules  and  regulations  as  may  have  been,  or  shall  be 
prescribed  by  law.     In  case  of  treason,  he  shall  have  power, 


OF    ARKANSAS.  101 


by  and  with  the  advice  and  consent  of  the  Senate,  to  granj 
reprieves  and  pardons;  and  he  may,  in  the  recess  of  the  senate 
respite  the  sentence  until  othervvice  directed  by  the  General 
Assembly. 

Sec.  12.  There  shall  be  a  seal  of  state  provided,  which  shall 
be  kept  by  the  governor,  and  used  by  him  ofHciall}',  and  the 
present  seal  of  etate  now  in  use,  shall  be  the  seal  of  state 
until  otherwise  directed  by  the  General  Assembl}'. 

Sec.  13.  All  commissions  shall  be  in  the  name,  and  by  the 
authority  of  the  State  of  Arkansas,  be  sealed  with  the  seal  of 
the  state,  signed  by  the  governor,  (except  when  otherwise 
directed  by  ordinance  of  the  convention,)  and  attested  by  the 
secretary  of  6ta,te. 

Sec.  14.  There  shall  be  a  secretary  of  state,  elected  by  a 
joint  vote  of  both  houses  of  the  General  Assembly,  who  shall 
continue  in  office  during  the  term  of  four  years,  and  until  his 
successor  in  office  be  duly  qualified.  He  shall  keep  a  fair  reg- 
ister of  all  the  official  acts  and  proceedings  of  the  governor, 
and  shall,  when  required,  lay  the  same,  and  all  papers,  minutes, 
and  vouchers  relative  thereto,  before  the  General  Assembly* 
fc.nd  shall  perform  such  other  c'uties  as  may  be  required  by 
law. 

Sec.  15.  Vacancies  that  may  happen  in  offices,  the  election 
to  which  is  vested  in  the  General  Assembly,  shall  be  filled  by 
the  governor  during  the  recess  of  the  General  Assembly,  by 
granting  commissions,  which  shall  expire  at  the  end  of  the  next 
sestion. 

Sec  16  Every  bill,  which  shall  have  passed  both  houses  of 
the  General  Assembly,  shall  be  presented  to  the  governor.  If 
he  approve  it,  he  shall  sign  it;  but  if  he  shall  not  approve,  he 
shall  return  't,  with  his  objections,  to  the  house  in  which  it 
originated,  whicti  shall  enter  his  objections  at  large  upon  its 
journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsidera- 
tion, a  majority  o#  the  while  number  elected  lo  that  house  shall 
agree  to  pass  the  bill,  it  shall  be  tent,  with  the  objections  of  the 
governor,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  a  majority  of  the  whole  num- 


102  CONSTITUTION 


,ber  elected  to  that  house,  it  shafl  be  a  law;  but  in  such  cases, 
the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays;  and  the  names  of  the  persons  voting  for,  or  against  the  v 
bill,  shall  be  entered  on  the  journal  of  each  house  respectively. 
If  any  bill  shall  not  be  returned,  by  the  governor,  within  three 
days,  Sundays  excepted,  after  it  shall  have  been  presented  to 
hiai,  the  same  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  General  Assembly,  by  their  adjournment,  prevent 
it3  return,  in  which  event  it  shall  not  be  a  law. 

Sec.  17.  Every  order  or  resolution,  to  which  the  concurrence 
of  both  houses  of  the  General  Assembly  may  be  necessary, 
except  on  questions  of  adjournment.,  shall  be  presented  to  the 
governor,  and  before  it  shall  take  effect,  be  approved  by  him, 
or  being  disapproved,  shall  be  repassed  by  both  houses,  accord- 
ing to  the  rules  and  limitations  in  the  case  of  a  bill. 

Sec.  18.  In  case  of  the  impeachment  of  the  governor,  his 
removal  from  office,  his  death,  his  refusal  to  qualify,  his  resig- 
nation, or  his  absence  from  the  state,  the  president  of  the  Senate 
shall  exercise  all  the  authority  appertaining  to  the  office  of 
governor,  until  another  governor  shall  have  been  elected  and 
qualified,  or  until  the  governor,  absent  or  impeached,  shall 
return  or  be  acquitted. 

Sec.  19.  If.  during  the  vacanc)'  of  the  office  of  governor,  the 
president  of  the  Senate  shall  be  impeached,  removed  from  office, 
refuse  to  qualify,  resign,  die,  or  be  absent  from  the  state,  the 
speaker  of  the  House  of  Representatives  shall,  in  like  manner, 
administer  the  government. 

Sec.  20.  The  president  of  the  Senate,  and  speaker  of  the 
House  of  Representatives,  during  the  time  they  respectively 
administer  the  government,  shall  receive  the  same  compensa- 
tion which  the  governor  would  have  received  had  he  been 
employed  in  the  duties  of  his  office. 

Sec.  21.  Whenever  the  office  of  governor  shall  have  become 
vacant,  by  death,  resignation,  removaj  from  office,  or  other- 
wise; Provided,  Such  vacancy  shall  not  happen  within  eighteen 
months  of  the  time  for  which  the  late  governor  shall  have  been 
elected,  the  president  of  the  Senate,  or  speaker  of  the  House  of 


OF    ARKANSAS.  103 


Representatives,  as  the  case  may  be,  exercising  the  powers  of 
the  governor  for  the. time  being,  shall  immediately  cause  an 
election  to  b^  held  to  fill  such  vacancy,  givinu:,  by  proclamation, 
sixty  days  previous  notice  thereof,  which  election  shall  be  gov- 
erned by  the  same  rules  prescribed  for  general  elections  of 
governor,  as  far  as  applicable;  the  returns  shall  be  made  to 
the  secretary  of  state,  who,  in  the  presence  of  the  acting  gov- 
ernor, and  judges  of  the  supreme  court,  or  one  of  them,  at 
least,  shall  compare  them,  and  together  with  the  said  acting 
governor  and  judges,  declare  who  is  elected;  and  if  there  be 
a  contested  election,  it  shall  be  decided  by  the  judges  of  the 
supreme  court  in  the  manner  prescribed  by  law. 

Sec.  22.  The  governor  shall  always  reside  at  the  seat  of  gov- 
•ernnaent. 

Sec.  23.  No  |>erson  shall  hold  the  ofHce  of  governor,  and  any 
other  office  or  commission,  civil  or  military,  eillu^r  in  this  state 
or  under  any  state  or  the  Confederate  Stales  of  America,  or 
any  other  power, ^t  one  and  the  same  time. 

Sbc.  24.  There  shall  be  elected,  by  the  joiiit  vote  of  both 
Siouses  of  the  General  Assembl}^  until  otherwi.^e  provided  by 
8aw,  an  auditor  and  treasurer  for  this  state,  who  shall  hold 
their  ofiices  for  the  term  of  two  years,  and  until  their  respective 
successors  are  elected  and  qualified,  unless  sooner  removed; 
they  shall  keep  their  respective  ofiices  at  the  seat  of  govern- 
ment, and  perform  such  duties  as  shall  be  picscribed  by  law. 
and  in  case  of  vacancy  by  death,  resignatioij  or  otherwise 
such  vacancy  shall  be  filled  by  the  governor,  a.<  in  other  cases, 
.<o  long  as  said  officers  remain  elective  by  the  Cieneral  Assem- 
bly. 

ARTICLE  VL 

JUDiriAL    DEPARTMENT. 

Section  1.  The  judicial  powerof  this  state  sh.iH  be  vested  in 
one  supreme  court,  in  circuit  courts,  in  county  courts,  in  probate 
courts,  in  corporation  courts,  and  in  justices  of  i  le  peace.     The 


104  CONSTITUTION 


General  Assembly  may,  when  they  deem  it  expedient,  establish 
separate  courts  of  chancery. 

Sec.  2.  The  supreme  court  ahall  be  composed  of  three 
judges,  the  one  of  whom  holding  hia  seat  under  the  oldest  com- 
mission for  the  time  being,  shall  be  chief  justice;  any  two  ot 
whom  shall  constitute  a  quorum,  and  the  concurrence  of  any 
two  of  said  judges  shall,  in  every  case,  be  necessary  to  a  deci- 
sion. The  supreme  court,  except  in  cases  otherwise  directed 
by  this  constitution,  shall  have  appellate  jurisdiction  only, 
which  shall  be  coextensive  with  the  state,  under  such  restric- 
tions and.  regulations  as  may,  from  time  to  time,  be  prescribed 
by  law.  It  shall  have  a  general  superintending  control  over 
all  inferior  and  other  courts  of  Jaw  and  equity;  it  shall  have 
power  to  issue  writs  of  error  and  supersedeas,  certiorari  and 
habeas  corpus,  mandamus  and  quo  warranto  and  other'reme- 
dial  writs,  in  aid  of  its  appellate  jurisdiction,  and  to  hear  and 
determine  the  same.  Said  judges  shall  be  conservators  of  the 
peace  throughout  the  state,  and  shall  severally  have  power  to 
issue  any  of  the  aforesaid  writs. 

Sec.  3.  The  circuit  court  shall  have  original  jurisdiction  over 
all  criminal  cases,  which  shall  not  be  otherwise  provided  for  by 
law;  and  exclusive  original  jurisdiction  of  all  crimes  amounting 
to  felony,  until  otherwise  provided  by  the  General  Assembly; 
and  original  jurisdiction  of  all  civil  cases  which  shall  not  be 
cognizable  before  other  inferior  courts,  or  justices  of  the  peace, 
until  otherwise  directed  by  law;  and  oiiginal  jurisdiction  in  all 
matters  of  contracts,  where  the  sum  in  controversy  is  over  one 
hundred  dollars.  It  shall  hold  its  terms  at  such  place,  in  each 
county,  as  may  be,  by  law,  prescribed. 

Sec.  4.  The  state  ^hall  be  divided  into  convenient  circuits, 
to  consist  of  counties  contiguous  to  each  other,  for  each  of 
which  a  judge  shall  be  elected,  who,  during  his  continuance  in 
office,  shall  reside,  and  be  a  conservator  of  the  peace,  within 
the  circuit  for  which  he  shall  have  been  elected.  If  from  any 
cause,  at  the  time  of  holding  a  circuit  court  in  any  county  in 
this  state,  there  shall  be  noregnlai  judge  present,  the  attorneys 
present  may  select  from  among  themselves,  one  of  their  numbers 


OF    ARKANSAS.  105 


to  act  as  judge  with  all  the  power  and  authority  of  a  regular 
judge,  and  in  case  the  judge, regular  or  special,  shall  he  inter- 
ested in  any  case,  or  cases,  or  otherwise  incompetent,  the  attor- 
neys present  may  select  a  judge  to  try  such  cases,  who  shall 
take  the  oath  prescribed  by  law  previous  to  entering  upon  the 
discharge  of  his  duties. 

Sec.  5.  The  circuit  courts  shall  exercise  a  superintending 
control  over  all  inferior  courts,  and  shall  have  power  to  iss.ue 
all  the  necc^ssary  writs  to  carry  into  efiect  their  general  and 
specific  powers. 

Sec.  6.  Until  the  General  Assembly  shall  deem  it  expedient  to 
establish  courts  of  chancery,  the  circuit  courts  shall  have  juris- 
diction in  matters  of  equity,  subject  to  revision  or  review,  in 
such  manner  as  the  General  Assembly  may  have,  or  shall  here- 
after prescribe.  The  special  chancery  court,  heretofore  created, 
or  established,  for  the  county  of  Pulaski,  is  hereby  confirmed 
in  the  jurisdiction  conferred  upon  said  court  until  otherwise 
provided  by  law. 

Sec.  7.  The  judges  of  the  supreme  court  shall  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the 
Senate.  The  judges  of  the  supreme  court  shall  be  at  least 
thirty  years  of  age;  they  shall  hold  their  offices  during  the  term 
of  eight  years  from  the  date  of  their  commissio.ns,  and  until 
their  successors  are  appointed  and  qualified;  the  first  appoint- 
ment to  take  place  at  the  session  of  the  General  Assembly  next 
before  the  expiration  of  the  term  for  which  the  judges  of  the 
supreme  court  now  in  office  expire,  respectively.  And  in  case 
of  vacancy  on  the  supreme  bench,  the  same  shall  be  filled  by 
executive  appointment  to  continue  until  the  end  of  the  next 
session  of  the  General  Assembly. 

Sec.  8.  The  qualified  voters  of  each  judicial  circuit  in  the 
State  of  Arkansas,  shall  elect  their  circuit  judges.  The  judges 
of  the  circuit  courts  shall  be  at  least  twenty-five  years  of  age, 
and  shall  be  elected  for  the  term  of  four  years,  from  and  aft*r 
the  dates  of  their  commissions,  and  until  their  successors  arc 
elected  and  qualified — and  all  elections  of  circuit  judges  shall 
be  held  as  is,  or  may  be  provided  by  law. 


106  CONST!  •  UTION 


Sec.  9.  The  supreme  court  ^  lall  appoint  its  own  clerk,  or 
clerks,  for  the  terifi  of  four  ye.  ?;;  and  the  qualified  voters  of 
each  county,  shall  elect  a  cloi  :  of  the  circuit  court  for  their 
respective  counties,  who  shall  'lold  his  office  for  the  term  of 
two  years,  and  until  his  succes  )r  is  elected  and  qualified — the 
first  election  of  circuit  clerks,  ui  ier  this  constitution,  to  be  held 
at  the  general  election  next  b  ore  the  expiration  of  the  com- 
nvissions  of  the  present  incumbe  ts.  Courts  of  chancery,  w^hen 
established,  shall  appoint  their  o  vn  clerks.  , 

Sec  10.  The  judges  of  the  si  )ieme  and  circuic  courts  shall* 
at  stated  times,  receive  a,comp<  isation  for  their  services,  to  be 
ascertained  by  law,  which  shal  not  be  diminished  during  the 
time  for  which  they  are,  or  shal  be  ap.pointed  or  elected.  They 
shall  not  te  allowed  any  fee  or  p-  quisites  of  office,  nor  hold  any 
other  office  of  trust  or  profit,  ur.-er  this  state,  or  the  Confede- 
rate St;»tes  of  America.  The  .^  ate's  attorneys,  and  clerks  of 
the  supreme  and  circuit  courts,  .nd  courts  of  chancery,  if  any 
other  be  established,  shall  recei  e  for  their  services  such  sala- 
ries, fees  find  perquisites  of  ofi  ce,  as  shall  b«,  from  time  to 
time,  fixed  by  law. 

Sec.  II.  There  shall  be  esia  lished,  in  each  county  in  the 
state,  a  court,  to  be  holden  ^  >  he  justices  of  the  peace,  and 
called  the  county  court,  whiv.h  -hall  have  jurisdiction  in  all 
matters  relating  to  county  taxi  ■,  disbursements  of  money  for 
county  purposes,  and  in  every  over  case  that  may  be  necessary 
to  the  internal  improvement  ai  i  local  concerns  of  the  respec- 
tive counties.  : 

Sec.  12.  There  shall  be  ele<it(  >1,  by  the  qualified  voters  of  the 
respective  counties,  a  presiding  judge  of  the  county  court,  to 
be  commissioned  by  the  goveri  i  r,  and  hold  his  office  for  the 
term  of  tvi'o  years,  and  until  hi  t^uccessor  is  elected  and  quali- 
fied. The  first  election  under  (iiis  sec.tion  shall  take  place  at 
the  general  election  next  before  he  commissions  of  the  present 
incumbents  expire.  The  presid  ng  judge  of  the  county  court, 
in  addition  to  the  duties  that  m;  y  be  required  of  him  by  lavv^ 
as  such  presiding  judge,  shall  ue  a  judge  of  the  court  of  pro- 
bate,  and    have    such  jurisdiction  in   matters  relative  to   the 


OF   AillvANSAS.  107 


estates  of  deceased  persons,  executors,  administrators  and  guar- 
dians, lunatics  and  insane  persons,  as  may  he  prescribed  by  law, 
until  otherwise  directed  by  the  General  Assembly. 

Sec  13.  No  judge  shall  preside  on  the  trial  of  at)y  cause,  in 
t!ie  event  of  which  he  may  be  interested,  or  where  either  of  the 
parties  shall  be  connected  with  him  by  affinity  or  consanguinity, 
within  such  degrees  as  may  be  prescribed  by  law,  or  in  which 
he  may  have  been  of  counsel,  or  have  presided  in  any  inferior 
court,  except  by  consent  of  all  the  parties.  In  case  all  or  any 
of  the  judges  of  the  supreme  court  shall  be  thus  disqualified 
from  presiding  on  any  cause  or  causes,  the  court,  or  judges 
thereof^  shall  certify  the  same  to  the  governor  of  the  state,  and 
he  shall  immediately  commission  specially,  the  requisite  number 
of  men.  of  law  knowledge,  for  the  trial  and  determination  there- 
of. Judges  shall  not  charge  juries  with  regard  to  matter  6i 
fact;  but  may  state  the  testimony  and  declare  the  law. 

Sec.  14.  The*  qualified  voters  of  each  judicial  circuit  shall 
elect  a  prosecuting  attorney  for  the  state,  who  shall  continue 
in  office  for  two  years,  and  until  his  successor  is  elected  and 
qualified.  The  first  election  under  this  constitution  shall  take 
place  as  is  now,  or  may  be  provided  by  law.  Such  attorney 
shall  reside  in  the  circuit  for  which  he  is  elected.  If  any  attor- 
ney for  the  state  shall  fail  to  attend  and  prosecute  according 
to  law,  the  court  shall  have  power  to  appoint  one  pro  tempore. 
The  attorney  for  the  circuit  in  which  the  supreme  court  is  held, 
shall  attend  the  court  and  prosecute  for  the  state. 

Sec.  15.  All  w^rits  and  other  process  shall  run  in  the  name 
of  "  The  State  of  Arkansas,"  and  bear  teste  and  be  signed  by 
the  clerks  of  the  respective  courts  from  which  they  issue. 
Indictments  shall  conclude*,  "  against  the  peace  and  dignity  of 
the  State  of  Arkansas." 

Sec.  1G.  The  qualified  voters  residing  in  each  township,  shall 
elect  the  justices  of  the  peace  for  their  respective  townships. 
For  every  one  ♦lundred  voters  there  may  be  elected  one 
justice  of  the  peace;  Provided,  That  each  township,  however 
snaall,  shall  have  two  justices  of  the  peace;  justices  of  the 
peace  shall  be  elected  for  the  term  of  two  years,  and  shall  be 


j  08  CONSTITUTION 


commissioned  by  the  governor  and  reside  in  the  township  for 
which  the}'  were  elected,  during  their  continuance  in  office. 
The  first  election  for  justices  of  the  peace  under  this  constitu- 
tion, Khali  take  place  at  the  next  general  election,  and  those  in 
office  at  this  time  shall  continue  in  office  until  their  successors 
are  elected  and  qualified;  justices  of  the  peace  shall  have, 
individually,  or  two  or  more  of  them,  jointly,  original  jurisdic- 
tion in  cases  of  bastardy,  and  in  all  matters  of  contract,  and 
in  actions  for  the  recovery  of  fines  and  forfeitures,  where  the 
amount  claimed  does  not  exceed  one  hundred  dollars,  and  such 
jurisdiction  as  may  be  provided  by  law  in  actions  ex  delicto, 
where  the  damages  do  not  exceed  one  hundred  dollars,  and 
prosecutions  for  assault  and  battery,  and  other  penal  oflences 
less^than  felony,  which  may  be  punishable  by  fine  only.  Every 
action  cognizable  before  a  justice  of  the  peace,  instituted  by 
summons  or  warrant,  shall  be  brought  before  some  justice  of 
the  peace  of  the  township  wherein  the  defendant  resides,  or  is 
found;  or  if  there  be  one  or  more  defendants  in  diflerent  town- 
ships, then  in  the  township  where  one  of  them  resides,  or  is 
found.  They  may  also  sit  as  examining  courts,  and  commit, 
discharge,  or  recognize  any  person  charged  with  any  crime,  of 
any  grade.  For  the  foregoing  purposes  they  shall  have  power 
to  issue  all  necessary  process.  They  shall  also  have  power  to 
bind  lo  keep  the  peace  or  for  good  behavior. 

Sec.  17.  The  qualified  voters  of  each  township  shall  elect 
one  constable,  for  the  term  of  two  years, 'who  shall,  during  his 
continuance  in  office,  reside  in  the  township  for  which  he  was 
elected.  The  constables  now  in  ofiice  shall  continue  until  their 
terms  expire,  and  the  first  election  under  this  constitution  shall 
be  held  at  the  next  general  election.'  Incorporated  towns  and 
cities  may  have  their  own  or  separate  constables. 

Sec.  18.  The  qualified  voters  of  each  county  shall  elect  one 
sherifi',  one  coroner,  one  treasurer,  and  one  county  surveyor,  for 
the  term  of  two  years,  at  the  election  next^efore  the  term  of 
those  now  in  office  expire.  They  shall  be  commissioned  by 
the  governor,  reside  in  their  respective  counties  during  their 
continuance  in  office,  and  be  disqualified  for  the  office  a  second 


OF    ARKANSAS.  109 


time,  if  it  should  appear  that  they,  or  either  of  them  are  in 
default  for  any  moneys  collected  by  virtue  of  their  respective 
offices. 

ARTICLE  VII.  ^ 

GENERAL    FROVIf^IOXS EDUCATION. 

Section  1.  The  General  Assembly  shall  apply  any  and  all* 
funds  which  may  be  raised  for  the  purpose  of  education,  to 
the  accomplishment  of  the  object  for  which  they  maybe  raised; 
and  from  time  to  time,  pass  such  laws  as  shall  be  calculated 
to  encourage  intellectual,  scientific  and  agricultural  improve- 
ment, by  allowing  rewards  and  immunities  for  the  promotion 
and  improvement  of  arts,  science,  commerce,  manufactures, 
and  natural  history;  and  countenance  and  encourage  the  prin- 
ciples of  humanity,  industry  and  morality. 

Sec.  2,  Treascfh  against  the  state  shall  consist  only  in  levying 
war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and 
comfort.  ]No  person  shall  be  convicted  of  treason  unless  on  the 
testimony  of  two  witnesses,  to  the  same  overt  act,  or  their 
own  confession  in  open  court. 

Sec.  3.  The  General  Assembly  shall  have  no  power  to  pass 
laws  for  the  emancipation  of  slaves. 

Sec.  4.  No  person  who  denies  the  being  of  a  God,  shall  bold 
any  office  in  this  state,  nor  be  allowed  his  oath  in  any  court. 

Sec  5.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  an  appropriation  by  law,  nor  shall  any  appro- 
priation of  money,  for  the  support  of  an  army,  be  made  for  a 
longer  term  than  two  years;  and  a  regular  statement  and 
account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  with  the  promulgation  of  the  laws. 

Sec  6.  Absence  on  business  for  this  state,  or  for  the  Confede- 
rate States  of  America,  or  on  a  visit,  or  on  necessary  private 
business,  shall  not  cause  a  forfeiture  of  a  residence  once  ob- 
tained. 

Sec  7.  No  lottery  ehallever  be  authorized  by  this  state,  nor 
shall  the  sale  of  lottery  tickets  be  allowed. 


110  CONSTITUTION 


Sec.  8.  Returns  of  all  elections  for  officers,  who  are  to  be 
commissioned  by  tbe  governor,  and  for  members  of  the  General 
Assembly,  shall  be  made  to  the  secretary  of  state. 

Sec.  9.  Within  ten  years  from  the  session  of  the  General 
Assembly,  begu0  and  hefd  on  the  first  Monday  in  November, 
eighteen  hundred  and  fifty-six,  and  every  ten  years  thereafter, 
the  laws,  civil  and  criminal,  of  this  state,  shall  be  revised  or 
codified,  digested,  and  arranged,  and  promulgated  in  such 
manner  as  provided  by  law. 

Sec.  10.  In  the  event  of  the  annexation  of  any  territory  to 
this  state,  by  cession  from  the  Confederate  States  of  America, 
or  from  any  other  source,  laws  may  be  passed  extending  to  the 
inhabitants  of  such  territory,  all  the  rights  and  privileges  which 
may  be  required  by  the  terms  of  such  cession,  anything  in  this 
constitution  to  the  contrary  notwithstanding. 

Sec.  11.  Imprisonment  for  debt  shall  not  be  allowed,  in  this 
state,  except  when  an  allegation  of  fraud  on^the  part  of  the 
debtor  shall  be  clearly  proved. 

Sec.  12.  The  General  Assembly  of  this  state  shall  not  dis- 
tribute the  public  lands,  late  the  property  of  the  United  States, 
nor  the  proceeds  of  the  same  among  the  counties,  but  the  same 
shall  be  applied  to  general  purposes. 


revenue. 


Sec.  1.  All  revenue  shall  be  raised  by  taxation,  to  be  fixed 
by  law. 

Sec.  2.  All  property,  subject  tu  taxation,  shall  be  taxed  accord- 
ing to  its  true  value — that  value  to  be  ascertained  in  such 
manner  as  the  General  Assembly  shall  direct;  making  the  &am-.e 
equal  and  uniform  throughout  the  state.  No  one  species  of 
property,  from  which  a  tax  may  be  collected,  shall  bo  taxed 
higher  than  another  species  of  property  of  equal  value;  Pro- 
vided, The  General  Assembly  «hail  have  power  to  tax  mer- 
chants, hawkers,  peddlers,  and  privileges,  in  such  manner  as 
may,  from  time  to  time,  be  prescribed  by  law;  And  provided 
further^  That  no  other  or  greater  amount  of  revenue  shall,  at 
any  time,  be  levied  than  required   for  the  necessary  expenses 


OF    A1    -lANSAS.  Ill 


of  the  s'^vernment,  unless  b\  i  concurrence   of  two-thirds  of 

both  houses  of  the  General  As^  nbl}';  And  provided  furUier,  That 

the  legislature  may  authorize  \e  county  courts  in  this  state  to 

levy   aftd    collect   a   specific   i  x,  for  the  purpose   of  building 

levees  to  protect  their  respect i  c  counties  from  overflow. 

Seo.  o.  No  poll  tax  shall  be  issessed  for  other  than  corpora- 
tion or    county  purposes. 

Sec.  4.  No  other  or  greater  t  x  shall  be  levied  on  the  produc- 
tions or  labor  of  the  country  th  a  may  be  required  for  expenses 
of  inspection. 

SCHl    )ULE. 

Sec.  1.  That  no  inconveiiir  ce  may  arise  from  this  change 
of  government,  we  declare  tin  all  writs,  actions,  prosecutions, 
judgments,  claims  and  contract  ,  of  individuals  and  bodies  corpo- 
rate, shrill  continue,  as  if  no  <  lange  had  taken  place  in  the 
constitution  or  government  of  this  state;  and  all  process  which 
may  have  been  issued  under  he  authorit}'  of  this  state,  pre- 
vious to  this  time,  shall  be  as  a  ilid  as  if  issued  after  the  adop- 
tion of  this  constitution. 

Sec.  2.  All  laws  now  in  fo  ce  in  this  state,  which  are  not 
repugnant  to  this  constitution  or  the  ordinances  of  the  conven- 
tion, sIihII  remain  in  force  unt;  they  expire  by  their  own  limi- 
tations, or  be  altered  or  repe?  led  by  the  General  Assembly. 

Sec.  J».  In  case  any  ordinal  -e  which  may  have  been  passed 
by  this  convention  conflicts  in  ;  ny  respect  with  this  constitution, 
and  the  ordinance  so  conflicfii'  .;  herewith  provides  that  it  shall 
only  have  elfect  or  force,  for  a  limited  time;  such  ordinance 
shall  have  effect  rathj-r  than  tl   s  constitution. 

Sec.  4.  All  officers,  civil  a  d  military,  now  holding  com- 
missions under  the  authority  )f  this  state,  shall  continue  to 
hold  and  exorcise  their  resp(  ;tive  offices  until  they  shall  be 
suspenc^d  under  the  authoiil  •  of  this  state,  in  pursuance  of 
the  provisions  of  this  coni^ti;  ition,  or  the  ordinances  passed 
by  this  convention. 

Sec  .'').  The  next  general  (  'ectioii  for  officers  of  this  state, 
under  this  constitution,  not  otl)v.M'wiae  hcrein^provided  for,  shall 


il2  CONSTITUTION 


be  held  on  the  1st  Monday  in  October,  A.  D.  1862,  in  the  man 
ner  now  prescribed  by  law. 

Sec.  C.  The  jurisdiction  of  corporation  courts  shall  be   con- 
fined, to  their  respective  corporate  limits. 

DAVID  WALKER,  President 

of  the   Convention  of  the,  Stoic  of  Arkansas. 
ALEX.   ADAMS, 
TOM  AS  B.  HANLY, 
L.  D.  HILL, 

ALEXANDER  M.  CLINGMAN. 
ISAIAH  C.  WALLACE, 
GEORGE  P.  SMOOTE, 
J.  H.  PATTERSON,  of  Jackson, 
J.  H.  HILLIARD, 
W.M.  M.  MAYO, 
JAMES  L.  TOTTEN, 
S.  W.   COCHRAN, 
THOS.  F.  AUSTIN, 
JOHN  CAMPBELL, 
JAMES  W.  CRENSHAW, 
jam.es  S.  DOLLARHIDE, 
•FELIX  I.  BATSON, 
FELfx  R.  LANIER, 
MARCUS  L.  HAWKINS, 
W.  F.  SLEMONS, 
J.  P.   JOHNSON, 
JABEZ  M.  SMITH, 
J.  A.  RHODES, 
Wm.  W.  FLOYD, 
J.  N.  SHELTON, 
W.  P.  GRAC]?, 
J.  GOULD, 
H.  H.  BOLINGER, 
BENJ.  F.  HAWKINS, 
H.  FLAN  AGIN, 
M    S«ELBY  KENNARD, 


OP    ARKANSAS.  lO 


W.  H.  SPIVEY, 
MILTON  D.  BABER, 
J.  W.  BUSH, 
•    URBAN  E.  FORT, 
ALFRED  H.  CARRIGAN, 
W.  M.  FISHBAGK, 
JOSEPH  STILLWELL, 
GEO.  C.  WATKINS, 
JAMES  H.  STIRMAN, 
JAMES  HENRY  PATTERSON, 
S.  J.  STALLINGS, 
WILLIAM  STOUT, 
ARCHIBALD  RAY, 
ISAIAH  DODSON, 
A.  W.  HOBSON, 
J.  N.  CYPERT,       • 
WM.  V.  TATUM, 
WILEY  P.  CRYER, 
BURR  H.  HOBBS, 
JESSE  TURNER, 
F.  W.  DESHA, 
A.  W.  DINSMORE, 
BENJAMIN  C.  TOTTEN, 
SAMUEL  KELLY, 
E.  T.  WALKER, 
SAMUEL  ROBINSON, 
JOHN  P.  A.  PARKS, 
JAMES  YELL, 
H.  BUSSEY, 
JOSEPH  JESTER. 

Thk    foregoing  Constitution   was   adopted,    in    and    by    the 
State  Convention  of  Arkansas,  in  open  session,  on  the  first  day 
of  June,  A.  D.   1861,  and  this  sheet  was  signed,  on  that  day, 
by  the  several  delegates  whose  names  appear  above. 
Attest: 

ELIAS  C.  BOUDINOT,  Secretary 

of  the  Convention  of  the  State  of  Arkansas. 
8 


Little  Rock,  Arkansas,  ) 

June  nth,  1861.     \ 

I  have  compared  the  foregoing   printed  ordinances,  resolu. 
lions  and  constitution  of  the  State  of  Arkansas,  with  the  origi- 
ijal  rolls,  and  do  certify  that  they  are  a  true  copy  thereof 
ELIAS  C.  BOUDINOT,  Secretartj 

of  the  Convenlion  of  the  people 

of  tke  State  of  Arkansas. 


I  N  D  E 


Pnpe. 

AD  :  I3ERS — of  military  board,  bow  commissioned 21 

how  continued  in  ofiice 22 

AFFIDAVIT — Iiow  made  when  defendant  in  military  serrice. 35 

ALIEN   ENEMIES—defined 63 

ejLceptions 65 

APPRAISERS — of  property  levied  on,  sheriff  to  summon 83 

APPROPRIATION— of  $2,000,000  for  military  pnrposes 21 

to  Blind  Institute  not  to  be  de4'eated 56 

of  money  to  volunteers,  one  month's  pay 7 

to  military  divisions  of  state 17 

to  Capt.  Pike 38 

to  pay  salaries  of  registers  and  receivers. 45 

to  buy  books  and  stationery  for  treasurer 80 

to  pay  interest  on  war  bonds 57 

APPROPRIATED — doma'n,  public  lands  and  other  property 13 

ARKANSAS  COUNTY— not  to  be  reduced  below  certain  limits f2 

ARMED  FORCE— when,  for  what  cause,  and  how  to  be  called  out 27 

ARMS  OF  STATE— to  be  stored  at  arsenal   free  of  charge 15 

2,600  stand  placed  at  command  of  brigadier  generals. ...  17 

ARSENAL — at  Little  Rock,  lands,  etc.,  ceded  to  Confederate  States 14 

ARTILLERY — battery  and  accompaniments  for  brigadier  generals 17 

ARTILERY  REG IMENT-of  what  composed 26 

AT PACHMKNT- writs  of,  not  to  issue  in  certain  cases 35 

ATTORNEYS  AT  LAW— to  dismiss  certain  suits 64 

ATJDITOR — prohibited  from  drawing  warrants  in  certain  cases 37 

to  keep  record  of  transactions  with  registers  and  receivers 45 

to  make  plats  of  Cherokee  reserve 46 

duty  of  as  to  swamp  lands 47 

to  issue  instructions 47 

may  appoint  deputy 51 

duty  of  as  to  pensions .' ^^ 

BATTALION— of  what  composed 26 

BIBLE  SOCIETY— American 64 


116  INDEX    TO 


Pa^t. 

BLIND  INSTITUTE— concerning  appropriation  to 56 

BONDS — for  delivery  of  property  levied  on,  subject  to  laws  now  in  force 24 

war,  to  be  issued  by  treasurer,  whcn»  and  how , 57 

when  returned  others  may  be  issued 60 

of  registers  and  receivers,  amount  of 46 

BRADLEY— Thomas  H  ,  relief  of 68 

h'RIGADIER  GENERAL— to  be  elected  for  each  division ]6 

how,  and  by  whom  commissioned 16 

to  report  to   military  board 17 

to  appoint  staff 25 

CERTIFICATE— of  pre-emj  t'on,  how  traasftrred 52 

CHEROKEE  RESERVE— to  be  sold 46 

CHIEF  ENGINEER— by  whom  appointed 26 

CliURCHILL — Colonel,  stores  to  be  issued  to , 43 

CITIZENS — of  U.  S.  regarded  as  alien  enemies 63 

exceptions &5 

CLAIMS — against  U.  S.  to  be  paid,  and  how 53 

to  be  filed  with  auditor,  when 54 

COLLECTORS— their  duties  .  .♦. 59 

to  receive  part  of  tax  in  coin 69 

to  pay  taxes  for  year  1660  in  specie '0 

COLONEL — of  2d  regiment  of  Arkansas  volunteers  to  appoint  staff 10 

of  regiment  to  appoint  certain  officers itS 

COMi\IISSIONED  OFFICERS— of  companies  to  elect  certain  officers. .....  25 

when  may  administer  oath 29 

CONFEDERATE  STATES—provisional  constitution  of  adopted. lO 

permanent  "         of  ratified 61 

lands  ceded  to,  and  for  what  purpose 14 

to  store  arm.*?,  etc.,  in  arsenal  free  of  cost 15 

CONFIRMATION— of  swamp  land.<? 47 

CONFISCATION— see  alien  enemies 63 

CONGRESS — members  to,  when  elected    78 

CONGRESSIONAL  DISTRICTS— provided  for 78 

CONSTITUTION — not  to  affect  presenc  incumbents  supreme  court 74 

of  state ^^ 

of  Confederate  Stixtes  ratified 81 

CONSTABLES— Sales  by  for  collection  of  debts  suspended 24 

CONTINUANCE— of  suits,  how  provided  for o6 

CONTRACTS— for  reclamation,  payment  of  forbidden 55 

what  null  and  void 64 

for  provisions,  munitions  of  war,  good  in*  law 65 

CONVENTION — vacancies  in,  how  filled 79 

CONVICTS — in  penitentiary,  not  to  Le  releasetl 13 

CO-OPERATION — with  Confederate  forces 33 

COUNTIES — volunteer  companies,  how  many .' -27 


ORDINANCES.  117 


Pagf. 

COUNTIES — which  may  form  new-  counties 7fi 

COUNTY  COURTS— duty  ia  levying  and  collecting  military  tax 12 

ppecial  sessions  of  provided  for 61 

to  make  appropriations  for  familiea  of  volunteers 6fi 

to  issue  scrip,  for  what  purposes 67 

to  appoint  home  guard  and  how 67 

general  commander  for  hooie  guard 67 

to  receive  resignations  and  order  election  to  convention,  79 

COURTS  MARTIAL— to  be  ordered  by  military  board 21 

COURTS,  U.  S. — convicts  may  be  pardoned,  and  how 30 

proceedings  in  transferred  to  Confederate  States 69 

COURTS,  U.  S.  SUPREME— ca3(?9  pending  in 6,9 

DEBTS — sales  for  collection  of,  suspended 2'1 

due  by  U.  S.  to  citizens  of  state,  how  paid 53 

to  citizens  of  nonslavcholding  states  to  be  paid  into  treasury. . . .  6.'! 

contracted  before  6th  May,  execution   may  issue  upon 84 

interest  on,  due  to  minors,  to  be  collected 85 

DEC  REES — of  circuit  courts,  what  to  be  liens  upon  . .  i 84 

DEEDS — to  what  lands  may  i.«sue,  and  how 50 

when  and  how  cfl'ected  by  stay  law 84 

DEFENCE— of  western  frontier 33 

DEFENDANTS — when  in  military  service 'iC 

DELEGATES — to  be  elected  to  provisional  Congress .•  11 

DELIVERY  BONDS  — for  property  levied  on,  subject  to  laws  now  in  force. ...  21 

DESHA  COUNTY— U.  S.  hospital  at  Napoleon  ceded,  etc 14 

DISMISSAL  OF  SUITS 36 

DISTRIBUTION— of  certain  funds  forbidden 5r> 

DISTRICT  COURTS— U.  S.  convicts,  how  pardoned 30 

claims  growing  out  of,  how  paid 54 

DOMAIN — public  lands,  etc.,  appiopriatcd  to  state 13 

DRAFTS — of  militia,  how  and  by  whom  made 27 

ELECTION— of  military  officers  at  Hopefield 10 

for  officers  of  regiment 25 

in  Jackson  county  provided  for 75 

for  members  of  Congress ." _ 78 

for  "  seces.'^ion  "  or  "  co  operation  "   repealed 85 

ENGINEER,  CHIEF— how  appointed 26 

ESCORT  -to  Brigadier  General  McCullough 33 

EXECUTION — not  to  i8«>ue  in  certain  cases 34 

in  favor  of  alien  enemy  to  be  relumed &4 

when  to  ismic 83 

if  not  satisfied,  when  to  have  effect. B4 

on  debts  conti-actcd  since  6th   May  not  affected W 


118  INDEX    TO 


Pafff. 

FIELD  OFFICERS— when,  and  by  whom  elected 27 

FORT  SMITH— public  buildings  and  20  acres  land  ceded  to  Confederate  States  14 

FORT  WAYNE— reserve  to  be  sold,  when,  etc 46 

sales  of  reserve  postponed .  .' - .  .  61 

GENERAL  ASSEMBLY— members  of  to  t;ike  oath 29 

GOVERNOR — to  isirue  commissions  in  ci  rtain  cases 9 

to  2d  regiment  Arkansas  volunteers 10 

to  certain  officers 19 

^    to  be  president  of  military  board  ■  ■  •  •^ 21 

to  issue  commissions  to  officers  of  regiment ; . .  — . .  26 

may  grant  paidons,  remit  fines,  ifl  what  cases 3(^ 

mode  of  taking  oath 40 

HABEAS  CORPUS— writ  of  suspended  tcmpoyarily 13 

HOME  GUARD— how  appointed,  and  duty  of 67 

penalty  for  not  obeying  call  to  duty • 67 

general  commander  of,  how  appointed 67 

HOSPITAL  AT  NAPOLEON— houses,  land  and  grounds  ceded  to  Confederate 

States 14 

INDIAN  AGENTS — to  retain  all  U.  S.  moneya  in  hands  for  use  of  Indians. .  8 

INDIAN  TRIBES — we.«t  of  Arkansas  rights  preserved 8 

INDIANS— holding  claims  against  U.  S.,  growing  out  of  U.  S.  courts 54 

INTEREST — on  war  bonds,  how  paid ^7 

collection  of,  on  school  lauds f*- 

JACKSON  COUNTY— may  establish  separate  courts .  42 

may  form  new  county,  when  and  how ia* 

JOHNSON  COUNTY— may  form  new  county,  when  and  how 76 

JUDGMENTS,  DECREES,  ETC.— to  be  liens  ou  lands  and  slaves 84 

JUDGMENT  DEBTORS— when  execution  to  issue  against 36 

JUDGES  OF  SUPREME  COURTS— to  hold  poailion  as  at  present 74 

KEEPER  OF  PENITENTIARY— duty  of  in  regard  to  U.  8.  convicts IS 

LAFAYETTE  COUNTY— may  form  new  county 7(v 

LAND  OFFICES— coLtiuued,  and  how  conducted 44 

LANDS— reserved  by  U.  S.  to  be  sold , 45 

railroad,  subject  to  entry  by  actual  settlers 4ft 

appropriated  to  the  state * 13 

swamp,  sale  of 52 

LAND  WARRANTS— what  may  be  located '. 4S 

LI  MITATIONS— statute  of,  suspended  tcmporanly 3K 

time  not  to  be  computed  in. 85 

MAJOR  GENERAL — how  elected  and  commissioned 24 

to  appoint  chief  engineer 26 

staff , 25 


.  ORDINANCES.  119 


Pape 

MANNER — of  signing  ordinance  of  secession  prescribed 1 

MEDICAL  STORES— to  be  delivered  to  Capt.  Pike 35 

MILITARY  BO  ARD— to  order  pay  of  militia,  and  when 71 

to  fill  certain  vacancies 77 

created 20 

to  appoint  secretary 20 

to  order  courts  martial 21 

where  duties  not  specified  to  be   governed  by  ruU-i-', 

articles  of  war,  etc.,  of  Confederate  States 21 

vacancies  in,  how  filled 21 

two  advisers  of,  how  commissioned. 21 

•                    how  continued 22 

to  designate  time  and  place  of  election  for  regimental 

officers 25 

certain  powers  of 33 

rank  of .  • 40 

to  call  in  arms 41 

may  direct  payment  in  specie  or  bonds 57 

may  appoint  certain  agents '. 73 

MILITARY  CORrS— for  active  service  established 24 

to  be  under  control  of  certain  officers 24 

MILITARY  FORCE— of  state .  16 

MILITARY  STORES— to  be  delivered  to  Capt.  Pike ^^4 

to  be  issued  to  Col.  Churchill 43 

MILITARY  TAX— how  levied  and  collected 12 

MILITIA— how  ordered  out 20 

what  officers  regiments  shall  have 25 

how  drafted '. 2t) 

how  governed 77 

MILITI  \  LAW — suspended  temporarily 37 

restored,  with  conditions 73 

MONEYS — to  be  refunded •>  citizens  in  certain  cases 52 

of  U.S.  seized  to  use  of  state 53 

appropriated  as  revenue ■ '• ^^ 

in  hands  of  land  officers,  not  included  in-revenue ^'2 

what  acccrunted  for  in  adjustment  of  difficulties ^5 

of  U.  S.  to  be  paid  to  state  treasurer ^0 

of  U.  S.,  how  applied ^^ 

MORTGAGES— how  affected  by  stay  laws ^4 

NAPOLEON— hopital,  building,  etc.,  at,  ceded   to  Confederate  States 14 

NON-CLAIM— statute  of,  suspended  -^ 

OATH — form  of,  under  provisional  constitution -'' 

form  of,  under  permanent  constitution '•'^ 

penalty  for  not  taking ^^^ 


120  INDEX    TO 


ClATH — how  to  be  aministercd  to  present  governor 40 

to  be  taken  by  registers  and  receivers 45 

form  of,  for  appraisers  of  property  levied  on 83 

OFFICERS— to  take  oath,  how  and  when 23 

liabilities  of,  and  securities  for 85 

ORDINANCE— of  secession ' 3 

manner  of  signing 7 

PAPERS — of  U.  S.  district  courts,  delivered  to  care  of  clerks 18 

PENALTY — for  remiting  anything  of  value  to  alien  enemy 63 

for  not  obeying  call  to  duty  as  home  guard 67 

for  failure  to  pay  over  moneys  of  U.  S •.  81 

for  not  taking  oath 29 

PENITENTIARY— U.  S.  convicts  therein  not  be  released 13 

PENSION  AGENT— to  deliver  roll,  etc.,  to  auditor 54 

PERRY  COUNTY — volunteer  corapaiuos  fo  organize  by  electing  officers 19 

PIKE — Capt.,  to  convey  military  stores  to  Fort  Smith 34 

"        piedjcal        "              "             36 

appropriation  to 38 

POWERS-  of  Military  Board  defined 20 

POLK  COUNTY— part  of  Sebastian  annexed  to 70 

PRE-EMPTION— certificates  of,  how  transferred,  etc 52 

PRIVATEERING 39 

PROPERTY — levied  on  by  execution,  to  be  appraised 83 

sold  under  execution  to  bring  four  fifths  of  appraised,  value,  or  be 

returned S3 

may  be  sold  two  years  after  peace,  and  how 84 

to  be  offered  for  sale  in  separate  parcels 85 

PUBLIC  LANDS— sales  of,  provided  for , 44 

PULASKI  COUNTY— to  purchase  horses 43 

to  issue  scrip 44 

RAILROAD  LANDS— settlers   may  enter * 46 

RANK — of  military  board 4'«) 

RECEIVERS — to  make  payment  to  state  treasurer 45 

RECORDS — of  U.  S.  courts  delivered  to  care  of  respective  clerks 18 

RECLAMATION — payment  of  contracts  for,  forbidden 55 

REGISTERS  AND  RECEIVERS— duties  of 44 

to  give  bond 45 

to  take  oath 45 

salaries  of 45 

to  make  repots  to  auditor,  and  how 45 

to  file  schedule  with  auditor 48 

vacancy  in  office  of,  how  filled 49 

REGIMENT— ehall  conBist  of  whut » 26 

officers  of ■ ^ 


ORDINANCES.'  121 


Papc 

REiJIMENTAL  OFFICERS— when,  where  and  how  elected 25. . 

REL]:KF— gi-anled  to  Gen.  James  Yell. . .  .■ 13 

Maj.  R.  C.  Gatlin 23 

John  D.  Adams 23 

Fiancis  M.   Hill 31 

Hon.  F.  W.  Compton 32 

S.  H.  Tucker  &  Go ^. .  .  34 

certain  citizens '. 36 

\  Gov.  H.  M.  Rector 40 

Gen.  Thos.  H.  Bradley .68 

certain  sheriffs 71 

R15SERVED  LANDS— of  U.  S.  to  be  sold,  price,  and  by  whom 46 

at  Fort  Wayne,  to  be  sold 46 

"  "         sale   postponed 61 

RKV ENUE— of  state,  how  provided  for 55 

collectors  of,  their  duty 59 

moneys  iu  hands  of  officers,  not  to  be  included. 62 

RKJHTS — acquired  under  constitution  of  U.  S.,  acts  of  Congress,  etc.,  preserved       4 

SALARIES — of  registers  and   receivers 46 

S A  t^E.S — for  collection  of  debts,  6u.spended 24 

of  public  lands,  how  provided   for 44 

of  lands  reserved  by  U.  S 45 

of  swamp  lauds 52 

what  rendered  null  and  void 64 

upon  executions,    when  made 83 

SCOTT  COUNTY— part  of  Sebastian  county  annexed  to 70 

SCRIP— see  Bonds. 

how  issued  and  how   paid 58 

SECRETARY  OF  MILITARY  BOARD— to  keep  office  at  Little  Rock....  20 

SEBASTIAN  COUNTY— lands  at  Fort  Smith  ceded  to  Confederate  States.  .  14 

part  of,  annexed  to  Scott  county 70 

"  "  Polk  county 70 

SECURITIES- for  officers 85 

SER VICE— volunteers,  tern;  of 26 

of  writs 35 

SEVIER  COUNTY— may  form  new  county 76 

SHERIFFS— to  summon  appraisers 83 

relief  granted  to  certain 71 

STAFF — of  major  general 25 

brigadior  general 25 

colonel  of  2d  regiment 10 

ST.  FRANCIS  COUNTY— to  establish  separate  courts 42 

STATE — divided  into  two  military  districts 16 

•'  "         congressional  districts 76^ 

STATUTES— cerUin,  suspended 36 

of  limitations,  time  not  to  be  computed  in  certaia  cases 86 


122  INDEX    TO 


Pnsf. 

SUBSISTENCE  STORES — placed  at  command  of  brigadier  generals 17 

amount  to  be  left  at  arsenal 34 

SUITS — how  conducted,  where  one  of  plaintiffs  is  an  alien  enemy 65 

SUPERINTENDENT  OF  INDIAN  AFFAIRS— to  retain  moneys  of  U.  S. .  8 

SUPREME  COURT,  U.  S— cases  pending  in 69 

SUPREME  COURT— judges  of,  to  hold  position  as  at  present 74 

SWAMP  LAND  AGENTS— duty  of 47 

SWAMP  LANDS— locations  of,  confirmed 47 

sale  of 52 

• 

TAX — for  military  purposes 12 

state,  when,  on  what,  and  how  levied 56 

in  what  may  be  paid 70 

TREASURER— may  appoint  deputy 51 

to  issue  war  bonds,  when  and  how 57 

to  offer  bonds  for  sale 58 

to  issue  warrants,  and   how  paid 58 

to  issue  warrants  of  not  less  than  $5  00 : 80 

to  receive  compensation  for  issuing  warrants 80 

VAC ANCY—in  military  board,  how  filled 21 

in  office  of  register  or  receiver,  how  filled 49 

in  convention,  how   filled 79 

VOLUNTEER  COMPANIES— authorized  to  organize  by  electing  oflScers 19 

to  consist  of 26 

to  elect  field  oflScers 27 

number  in  counties  not  limited. 27 

VOLUNTEERS~how  ordered  out 20 

term  of  service i!6 

families  of 66 

WARRANTS.    Bee  Bondt.  '    • 

WARRANTS,  LAND— by  whom  to  be  located 45 

what  entries  by,  declared  void 45 

WESTERN  FRONTIER— defence  of •. 33 

WRITS— how  served 3-5 


THE    CONSTITUTION. 


123 


INDEX  TO  THE  CONSTITUTION. 


Pack. 


Preamble 

ARTICLE  I. 

:  Boundaries  of  the  State 

ARTICLE  II. 

DECLARATION    OF   RIGHTS. 

Preamble 

Six'TioN  1.     Equality  ;iiid  rij^hts  of  freemen 

2.  Pulitical  power  in  the  peo]ile 

3.  Riglits  of  conscience  

4.  Civil  rights  not  diminished  by  religious  belief 

5.  Elections  free 

6.  Trial  l)y  jury. » 

7.  Freedom  of  p^es'^,  thought  and  speech 

8.  Libels : '■ 

9.  Starches 

10.  No  freeman  punished  except  by  law 

11.  Rights  of  accused  in  criminal  cases 

12.  Nut  to  be  twice  tried  for  same  offence 

Hi.  Penalties 

14.  Indictment,  etc 

15.  Attaints 

16.  Right  of  bail  and  habeas  corpus 

17.  Bail 

18.  Ez  post  facto  laws,  etc .* 

19.  Monopolies,  hcrcditamy  honors,  eti;.,  prohibited 

20.  Right  of  citizens  to  assemble,  etc 

21.  Arms,  right'to  keep  and  bear 

22.  Qiuiitering  soldiers 

23.  Military  subordinate 

24.  Enumeration  of  rights,  how  construed,  and  to  remain  inviolate.  • 

ARTICLE  IIL 

OF   DKPARTME.NTS. 

Section  1 .     Departments  of  government 

2.     Persons  of  one,  not  to  exercise  jwwer  of  another  department. . . . 

ARTICLE  IV. 

LEGISLATIVE    DEPARTMENT. 

Skction  1 .  Legislative ». 

2.  QualiOcation  of  electors 

3.  Electiim'  of  representatives,  bi-ennialy 

4.  Qualification  of  representatives 

5.  Senators  chosen  every  four  years 

6.  Qualilication  of  Senatore 

7.  General  Assembly,  when  and  where  to  meet 

8.  Mode  and  time  of  elections,  and  privilege  of  electors 

DUTY    OF   GOVKRNOR. 

9.  Writs  of  election 

10.  What  officers  ineligible  to  the  legislatuie 

11.  Persons  convicted  of  bribery,  etc.,  excluded  from  offlce  of  trust, 

and  right  of  suffrage ■  • 

12.     Also,  pei-sons  convicted  of  giving  or  offering  any  bribe,  etc.,  dis- 
qualified from  voting,  etc 


88 


88 
88 
88 
^■J 
89 
89 
89 
89 
89 
89 
89 
89 
90 
9» 
9 'J 
90 
90 
90 
90 
90 
90 
91 
91 
91 
SI 


SI 
92 
93 
92 
92 
93 
93 
S3 


93 
93 


S4 
94 


124  INDEX    TO 


Pags 


SscTtoM  13.  Members  of  the  General  Asserably,  not  to  be  elected  or  ap- 
pointed to  any  civil  office  in  ibis  state,  nor  eligible  to  any 
office  within  the  gilt  of  the  General  Assembly  during 
their  term  of  office;  but  may  be  elected  to  office  by  a  vote 

cf  the  people 9-1 

14.  Each  House  of  General   Assembly   to  appoint   its  own  officers, 

judge  of  qualification.-,  etc.,  of  it«  own  members,  and  two- 
thirds  to  constitute  a  quorum,  etc SM 

15.  Rules  of  each  house;  punishment  or  expulsion  of  members;  jour- 

nals ;  yeas  and  nays,  when  entered 91 

16.  Door  of  each  house  to  be  kept  open,  except  when  secrecy  is  re-  ^ 

quired;  may  punish  contempts,  etc 9i 

17.  Bills  may  originate  in  either  house,  and  how  perfected 95 

18.  Elections  by  the  two  houses  to  be  by  vive  wee 95 

£9.     Privilege  of  members  from  arrest,  etc 95 

20.  Compensation  of  members 95 

21.  Manner  of  bringing  suits  against  the  state 95 

22.  Slaves 95 

23.  Divorces.. 95 

34.     Slaves  to  be  treated  with  humanity,  and  how  tried  and  punisbed 

for  crimes 96 

25.  .  Who  may  be  impeached,  for  what,  and  how  punished 96 

26.  Impeachments,  how  made  and  tried 96 

27.  Appointment  of  officers,  and  official  oath 97 

28.  Turritorv  and  population  of  counties 97 

29.  Style   of  laws 97 

30.  Senatorial  districts,   and  basis  of  representation  in  the  stnate 

prescribed 97 

31.  Number  and  classification  of  seuatore 97 

32.  Enumeration  of  inhiibitants,  and  apportionment  of  senators...  98 

33.  Number  of  Eepresentati\*es,  and  how  apportioned  among   the 

several  counties  of  the  state 98 

34.  Mode  of  amending  the  constitution 98 

35.  Militia  system  how   regulated 99 

ARTICLE    V. 

EXECUTIVE      DEPARTMENT. 

Skctk)>  1.     Executive  power  vested  in  governor 99 

2.  How  elected 99 

3.  Returns  of  election,  how  made,  to   whom,  how  opened,  and  how 

ties  and  contested  elections  to  be  settled 99 

4.  Term  of  office,  and  qualifications 99 

5.  Compensation    100 

6.  To  be  commander-in-chief lOO 

7.  Miiy  rctjuire  infoimation  of  executive  officers 100 

8.  May  convene  the  Gener.il  Assembly,  and  adjourn  it  in  case  of 

disagreement  between  the  two  houses 100 

9.  To  give  information,  etc.,  to  the  General  Assembly 100 

10.  To  see  laws  executed .*. 100 

11.  Pardoning  power lOO 

12.  Seal « .• . .  101 

13.  Cemmissions lOl 

14.  Secretary  of  state,  his  election  and  duties 101 

15.  Governor  to  fill  vacancies  in  office 101 

16.  All  bills  passed  by  the  two  houses  to  be  presented  for  his  signa- 

ture— his  veto  power 101 

17.  Resolutions 102 

18.  When  president  of  senate  to  act  as  governor 102 

19.  When  speaker  of  the  house  to  act  as  governor 102 

2(f,     Compensation  of  president  of  the  senate  and  speaker  of  the  house 

while  acting  as  governor , 108 


THE    CONSTITUTION. 


125 


Section  21. 
22. 
23. 
24. 


Section  1. 
2. 


9. 
10. 

11. 
12. 

13. 

14. 

15. 
16. 

17. 
18. 


SfcvTl.  N    1. 

2. 
3. 

4. 
5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 


SE<rnON    1. 

2. 


Secttio.n  1. 

2. 
3. 

4. 
5. 
6. 


Vaqf., 

Vacancy  in  oiBSce  of  governor,  how  filled 102 

Residence  of  governor , 103 

Governor  to  hold  no  other  office 103 

Auditor  and  treasurer,  their  election  and  duties ;  vacancies  ho  w  filled  1 03 

ARTICLE  VI. 

JUDICIAL     DEPARTMENT. 

Distribution  of  judicial  power lO"? 

Supreme  court,  its  jurisdicticn,  and  who  to  be  chief  justice lO'l 

Circuit  courts,   their  jurisdiction 104 

State  to  be  divided  into  circuits;  residence  of  judge,  etc.;  tempo 

rary  \  acancy  in  the  office  of  judge,  how  tilled 104 

Power  of  circuit  courts  over  inferior  tribunals 105 

Chancery  jurisdiction;  Pulaski  chancery  court  confirmed  in  juris- 
diction conferred 105 

Judges  of  the  supreme  court  to  be  appointed,  how;  term  of  office, 

etc- ;  vacancy  in,  how  filled 105 

Elertionof  judges  of  circuit  courts,  age,  term  of  office,   etc....  105 

Clerlis  of  supreme,  circuit  and  chancery  courts,  etc ICG 

Compensation  of  judges,  and  not  to  hold  any  other  office — com- 
pensation of  state's  attorneys  and  clerks 106 

County  courts— their  jurisdiction  .■ J06 

Presiding  judge  of  the  comity  court,  and  probate  judge,  his  elec- 
tion, term  of  office,  and  jurisdiction 106 

What  shall  di.  qualify  a  judge  from  presiding  in  a  cause — special 

judges 107 

A  ttorneye  for  state ]  07 

Writs,  etc.,  to  run  in  the  name  of  the  state,  etc.;  indictments. .  107 

Justices  of  the  peace;  election  of,  term  of  office,  and  jurLsdiction,  107 

Constables,  term  of  office,  etc 108 

kiheriff,  coroner,  treasurer  and  county  surveyor lOW 

ARTICLE  VII. 

GENERAL    PROVISIONS — EDUCATION. 

Gei;eral  Assembly  to  apply  funds  i  aiscd  for  purposes  of  education 

— rewards  for  improvement jO!J 

T:eason   1 09 

General   Assembly,  no  power  t-o  pa.ss  laws  for  emancipation  of 

slaves 103 

Atheists . .  JOO 

Appropriations  of  money 109 

Absence  from  the  state 109 

Lotteries 109 

Returns  of  elections 110 

Revision  of  the  laws IJO 

Annexation  of  territory HO 

Imprisonment  for  debt 110 

Proceeds  of  public  lands  to  be  applied  to  general  purposes *J10 

RtVENUE. 

Taxation    1 1  "J 

Piop^rty  to  be  taxed  according  to  its  value — specific  tax  for  levee 

purposes 1 1 Q 

Poll  tax Ill 

Tax  on  domestic  products Ill 

*  SCHEDULE. 

Writs,  actions,  Judgnlents,  etc.,  not  to  be  effected  by  change  of 

governmerrt Ill 

State  laws  rot  repugnant  to  constitution  to  continue  in  force. ...  Ill 
Conllict  of  ordinance  with  conrtitulion,  ordinance  to  have  prece- 
dence    Ill 

Officers,  lioth  civil  and  military,  to  continue  in  office  until  election  Hi 

General  election  to  be  held  l.st  Monday  in  October,  A.  D.  1862. .  112 

Jurisdiction  of  corporation  courts  defined IIV 


TABLE   OF    CONTENTS. 


No  ?AOZ 

2.  AN  ORDINANCE  to  (]i?polve  the  Union  now  existing  between  the  Stat« 
of  Arkansas  and  the  other  states  united  witl)  her,  under  the 
compact,  entitled   "  the   Constitution  of  the  United  States  o£ 

America"    "         3 

4.  providing  for  the  signing  of  the  ordii>auce  passed    on  ycsterdaj-, 

dissolving   the  political  connection   theretofore   existing   be- 
tween the  State  of  Arkansas  and  the  government  known  as 

"  the  United  States  of  America" .-» 7 

8.  to  appropriate  money  to  advance  to  volunteers,  for  the  use  of  the 

Confederate  troops. " 

13.  to  authorize  the  governor  to  commission  certain  military  officers, 

and  for  other  purposes 9 

17.  to  adopt  the  provisional  constitution  of  the  Confederate  States  of 

A  raerica lO 

2.).  to  authorise  the  levy  of  a  tax  for  military  and   other  purposes. . .         13 

24.  appropriating  the  demain,  publii,-  lands  and  other  property,  which 
belonged  to  the  Government  of  tlie  United  Statef*)  in  this  slate, 
on  the  Cth  day  of  May,  1861,  and  for  other  purjioses id 

13.  ,  for  raising  and  equiping  a  military  force  in  ihe  north- western  and 
northeastern  portions  of  the  state,  for  the  immediate  protec- 
tion of  those  frontiers 16 

29.  in  relation  to  the  records  of  the  late  district  court  of  the  United 

States,  for  tlie  we.stern  district  of  Arkansas. 18 

31.  for  the  relief  of  General  Jamas  Yell 18 

2iiy,  to  create  a  military  board  for  the  State  of  Arkansas 20 

4fJ.  '  for  the  relief  of  Major  R.  C.  (Ratlin 22 

4.3.  for  the  relief  of  John  D.  Adams 23 

49.  concerning  sales  by  sheriffs  or  constables  for  the  collection  of  debts,'  24 

30.  for  the  organization  of  an  eCTicient  military  corps  for  active  ser- 

vice, and  for  the  election  of  certain  olFicera .• 24 

35.  prescribing  an  OiUh  to  be  taken  by  all  military  and  civil  officers  in  * 

the  per  vice  of  this  stjite,  and  for  other  purposes. 28 

Sfl-  authorizing  the  governor  to  grant  pardons  and  remit  fines  and  for- 
feitures in  certain  cases 30 

53.  for  the  relief  of  Francis  M.    Hill 31 

51.  •  for  the  relief  of  Hon.  F.  W.  Compton 32 

&0.  to  provide  for   co-operation  with    the   forces  of  the  Confedei'ate 

States  of  America,  in  the  defence  of  the  western  frontier  and 

for  other  purposes 33 

40.  for  the  relief  of  such  citizons  of  the  State  of  Arkansas  as  may  be 

engaged  in  the  military  service  of  the  State  oi  Arkansas,  or  of 

the  Confederate  States 35 

56  to  suspend  the  operation  of  an  act  of  the  General  Assembly,  enti- 

tled "  an  act  amendatory  of  the  militia  laws  of  the  State  of 

Arkansas,"  ajiproved  the  2l8t  of  Jaimary,  IBfil 37 

58.  Bupplement;\ry  to  tlie  ordinance  entitle<l  "  an  ordinance  prescribing 

an  oath  to  be  taken  by  all  civil  and  military  officers  in  the  ser- 
vice of  the  state,  and  for  other  purposes,"  heretofore  adopted 

by  this  convention 40 

i7.  fixing  the  military  rank  of  the  military  board,  created  by  this  con- 

vention, by  ordinance  adopted  the  i5th  day  of  May,  A.  D.  1861,.       40 


TABLE  OP  CONTENTS.  127 


No.  Pack. 

59.  AN  ORDINANCE  to  enable  the  militarj-  board  to  call  in  all  the  arms  be- 
longing to  the  state  not  now  in  the  hands  of  enlisted  soldiere. .         41 

62-  to  confirm  the  several  actsof  the  General  Asaemblyof  the  State  of 
Arkansas,  to  establiah  si  parate  courts  in  the  counties  of  Jack- 
eon  and  St.  Francis,  and  other  counties 42 

Si  to  authorize  the  county  court  of  Pulaski  county  to  make  appropri- 
ation to  purchase  horses 43 

6^1.  to  regulate,  for  the  time  being,  the  sales  of  public  lands  within 

this  state,  and  for  other  purposes 44 

i)l-  to  provide  for  the  payment  of  debts  due  from  the  government  of 
the  United  States,  to  citizens  of  the  State  of  Arkansas,  out  of 
moneys  seized  from  the  United  States  by  the  State  of  Arkan- 
sas           53 

i>5jri2'  to  provide  revenue  for  the  State  of  Arkansas , 55 

68.  providing  for*  special  sessions  of  county  courts. 61 

69.  to  postpone  the  time  of  the  sale  of  the  lands  in  the  Fort  Wayne 

reaorve 61 

70.  supplementary  to   an  ordinance  entitled   "  an  ordinance  to  provide 

revenue  for  the  State  of  Arkansas" 62 

15.  to  prevent  aid  and  comfort  from  being  given  to  the  enemy 62 

63.  to  provide  for  the  relief  of  the  families  of_  volunteers,  in  actual 

service,  in  certain  cases 66 

M  appropriating  a  sum  o '  money 68 

!)5-  in  relation  to  proceedings  pending  in  the  courts  of  the  United 

States 69 

89.  concerning  j-evenue ' 69 

91  attaching  a  part  of  the  county  of  Sebastian  to  the  counties  of 

Scott  and  Polk 70 

88  for  the  relief  of  Richard .II.  Thompson,  as  sheriff  and  collector  of 

the  county  of  Jefferson;  James  C.  Drennen,  aS  sheriff  and  col- 
lector of  the  county  of  Columbia,  James  Norris,  as  sheriff  and 
collector  of  the  county  of  Ashley,  Rol^ert  Jewel,  as  sheriff  and 
collector  of  the  county  of  Union,   and  W.  A.    Alexander,  ag 

sheriff  and  collector  of  the  county  of  Hempstead 71 

?2.  to  aid  the  military  board 73 

96  to  restore,  in  part,  the  militia  law  of  this  state 73 

9"i.  in  relation  to  the  chief-justice  of  the  supreme  court 74 

85  to  authorize  the  people  of  the  county  of  Jackson  to  create  a  new 

county  out  of  its  present  limits 75 

93  enpplementary  to  an  ordinance  enlitled  "  an  ordinance  to  author- 

ize the  people  of  the  county  of  Jackson  to  create  a  new  coun 

ty  out  of  its  present  limits 76 

87  in  relation  to  the  airay  and  militia  of  the  State  of  Arkannas 77 

86  •  to  provide  for  filling  certain  vacancies 77 

81  to  divide  the  State  of  Arkansas  into  congressional  districts 78 

W  authorizing  the  judges  of  the  county  courts  throughout  the  at  ite  to 

receive  resignations  of  members  of  this  convention,  and  order 
elections  lor  filling  the  vacancies  occasioned  by  such  resigua 

tions 79 

78.                supplementary  to  the  ordinance  to  provide  revenue  for  the  stale. .  79 

75                 requiring  certain  officers  to  pay  certain  moneys  to  the  state 80 

80  ratifying  the  permanent  constitution  of  the  people  of  th  j  Confeder- 
ate States  of  America 81 

84,                for  the  b  ne'it  of  Arkansas  county 62 

74                 regulating  sales  on  executions  and  trusts. 83 

5                 repealing  an  ordinance  passed  on  the  21st  day  of  March,  A.  D.  186],  86 


128  TABLE  OF  CONTENTS. 


EESOLUTIONS, 


RESOLUTION  in  refcr<»noc  to  money   in   the  handd   of  the  suporintondaut  of 

Indian  afi'aiiK  siud  Indian  agents 8 

•  for  the  election  and  commission  of  oflBcera  for  the  military  com- 
panies now  tit  Hopefiekl .' 10, 

relative  to  the  writ  of  habeas  corinis 13 

in  iclation  to  the  election  of  officers  by  volunteer  companies. ...  19 

relative  to  advancing  supplies  to  Ceneral  McCollough 34 

relative  to  claim  of  S.  [I.  Tucker  &  Co 34 

relative  to  military  .stores .  35 

■  appropriating  $500 38 

relative  to  privateering , ...  39 

fclatsve  to  subsistence  of  regiment  at  araeual 43 


